Lead, sulphur oxides, nitrogen oxides, carbon monoxide, particulate matter, and
ground-level ozone are the six main air pollutants according to the World Health
Organization (WHO). The consequences of these pollutants on the air, soil, and
water are widespread. They worsen global warming, have an influence on human
health, and contribute to climate change and the greenhouse effect. Because of
air pollution, acid rain, global warming, the greenhouse effect, and climate
change have a substantial impact on ecosystems.
Following exposure to these
contaminants, neurological consequences are seen in both adults and children.
Global air pollution is a result of the damage that human activity is doing to
the air, water, and land. Because of the serious consequences that these
pollutants have for both the environment and human health, this study
concentrates exclusively on them. The natural, physical, chemical, and
biological components of our surrounds are all included in the environment.
Every living thing adjusts to its own surroundings according to what is
appropriate. Pollution-related environmental damage, however, is a developing
worry.
Pollutants are substances that cause considerable harm to the environment
and human health. They might take the shape of liquids, solids, gasses,
sediments, dust, or other materials. The leftovers or results of human activity
are frequently the source of these contaminants. Air pollution is one of the
main forms of pollution among others. Air pollution, especially in metropolitan
areas, has increased due to factors such as industrialization, population
growth, and vehicle emissions.
Cities like Delhi, which struggle with serious
air quality problems, such as dangerously high pollution levels, are prime
examples of this decline. The severity of the issue is highlighted by the
increase in the Air Quality Index (AQI) and the health concerns that are linked
to it, including respiratory infections and asthma. The government has taken
steps to reduce air pollution and enhance the quality of the air for the sake of
public health.
Introduction
The introduction of hazardous chemicals into the environment that have a
negative impact on living things is referred to as "pollution". When this
phenomena happens in larger quantities, life quality is considerably reduced.
The issue of environmental pollution is a complex global health hazard that is
mostly caused by human activities, urbanization, and population expansion. All
these things add to air pollution, which is one of the biggest threats to global
public health and kills about 9 million people a year.
Developmental activities
have a negative influence on vital environmental elements like water, air, and
soil even as they propel human growth through scientific and technical
breakthroughs. The industrial revolution has caused significant environmental
damage in addition to its well-known revolutionary effects on society and
technical advancement. Large amounts of dangerous pollutants have been released
into the environment as a result of the expansion of industrial activity, posing
serious health dangers to people. In emerging nations, when issues with
excessive population growth, fast urbanization, and industry spread worsen air
pollution, the situation is more dire.
Legally speaking, combating environmental pollution necessitates an
all-encompassing framework that includes legislative, regulatory, and
enforcement tools. International treaties and agreements are essential for
coordinating worldwide pollution control activities. These agreements frequently
provide rules and specifications for waste management, pollution emissions, and
environmental protection measures. To reduce pollution and protect the
environment and public health, national governments pass laws and regulations.
Statutes pertaining to land use planning, hazardous waste management, water
pollution control, and air quality regulations are a few examples of these legal
tools. Enforcing these regulations, keeping an eye on compliance, and levying
penalties for infractions are the responsibilities of regulatory bodies.
The atmosphere that surrounds us is referred to as the environment. It is
divided into six separate levels, which are the troposphere, stratosphere,
mesosphere, thermosphere, exosphere, and ionosphere. Of them, the
troposphere—which rises to a height of about 10 kilometers above sea level—is
essential to human existence because it has the oxygen required for breathing.
But as time goes on, this once-pure atmosphere is facing a serious pollution
catastrophe that will only get worse. Pollution may take many different forms,
and each one contributes differently to the deterioration of the ecosystem.
Pollution is often divided into three types: air pollution, water pollution, and
soil contamination.
These categories are based on the effects that pollution has
on various environmental components. Pollutants are chemicals that cause
pollution. They might be gases, liquids, solids, dust, sediments, or other
hazardous compounds that are bad for the environment and human health.
Pollutants are frequently waste products or leftovers from human consumption and
disposal.
Finding the causes of pollution is a complex task since some of its origins are
well-known while others are not. The main sources of pollution include emissions
from thermal power plants and automobile engines, as well as rivers, lakes, and
other bodies of water contaminated by industrial waste and effluents.
Environmental pollution is largely caused by human activity, but it is sometimes
a result of natural events like earthquakes and volcanic eruptions.
To reduce pollution and protect the environment and public health, national
governments pass laws and regulations. It is crucial to implement legislative
measures that address hazardous waste management, water pollution control, air
quality requirements, and land use planning. In order to enforce these
regulations, monitor compliance, and impose fines for infractions, regulatory
bodies are essential.
By internalizing the external costs of pollution and
encouraging attempts to reduce it, economic tools like pollution levies, carbon
trading systems, and environmental impact assessments support regulatory
actions. Legal frameworks can also include provisions for environmental justice,
stakeholder involvement, and public participation to guarantee accountability
and openness in decision-making.
Civil, criminal, and administrative enforcement proceedings are among the legal
remedies available for environmental contamination. Affected parties may use
civil responsibility to pursue damages, injunctive relief, or court-mandated
environmental repair through legal action. If someone or anything violates the
law intentionally or negligently, they may face criminal consequences, which
might include fines, jail time, or the cancellation of their operating permits.
Administrative enforcement actions entail directions from regulatory bodies to
stop polluting operations, repair environmental damage, or adhere to
regulations; non-compliance results in more enforcement actions.
In order to hold polluters responsible for environmental harm and to obtain
compensation for impacted communities, litigation is essential. Individuals,
communities, or environmental groups can jointly pursue legal action against
liable parties through civil lawsuits, including class actions, in order to
obtain compensation, injunctive relief, or environmental restoration.
Therefore, combating environmental pollution necessitates a multimodal legal
strategy that includes national and international laws, financial incentives,
and enforcement tools. To ensure accountability, compliance, and sustainable
development practices for current and future generations, effective
environmental governance depends on strong legislative frameworks, regulatory
monitoring, and judicial systems.
Harmful Effects of Air Pollution:
Air pollution is a serious problem, especially when it comes to environmental
and health issues, especially in poor countries. The World Health Organization
(WHO) said that ambient air pollution was a contributing factor in approximately
3 million deaths globally in 2012. Anthropogenic activity is the main cause of
this widespread problem. Air pollution has a devastating effect on people's
health, causing a wide range of conditions from respiratory infections to asthma
and chronic obstructive pulmonary disease, as well as higher hospitalization
rates. Extended exposure to air pollutants aggravates lung and cardiovascular
problems. Research suggests that prolonged exposure to air pollutants increases
the risk of diabetes.
In addition, the increasing release of greenhouse gases,
particularly CO2, has become an urgent worldwide issue. Global warming is fueled
by the growth in carbon emissions, which is a contribution from almost every
country. As a result, CO2 emissions rise, which raises temperatures and
exacerbates environmental problems including smog, acid rain, respiratory
illnesses, and a depleted ozone layer. All of these factors ultimately
contribute to global warming. While long-term exposure increases the risk of
chronic asthma, pulmonary conditions, and cardiovascular disorders, short-term
exposure causes symptoms including coughing, shortness of breath, and asthma.
Air pollution damages the ecosystem in ways that go beyond harm to human health.
Because of the nitric and sulfuric acid emissions that cause acid rain,
ecosystems are seriously threatened. Plants and marine life are corroded, and
infrastructure is damaged. Ground-level ozone interferes with photosynthesis and
the transfer of CO2 in plants, and it is well known for its detrimental impacts
on human health as well as plant life. The greenhouse effect is driving global
climate change, which puts biodiversity, agriculture, and animals at serious
danger. Development efforts also increase greenhouse gas emissions[1].
Animals are also heavily affected by air pollution, since excessive pollutant
levels can lead to birth abnormalities and reproductive failures. Eutrophication
is a serious hazard to aquatic ecosystems, reducing fish populations and
productivity. It is an ecological imbalance brought on by nitrogen runoff that
stimulates algal blooms.
The effects of air pollution are, in essence, ubiquitous across the ecosystem,
with far-reaching implications for human health. Global warming threatens
biodiversity, acid rain damages ecosystems, and ground-level ozone depletes
photosynthesis. Understanding the complex effects of air pollution highlights
the pressing need for all-encompassing regulatory frameworks to address this
persistent issue. Strong environmental laws are essential to protecting human
health and ecological integrity in a world that is becoming more and more
polluted. They should regulate emissions and promote sustainable behaviors,
among other things.
Legislative Measures pertaining to Air Pollution
International Law:
- Often referred to as the "Magna Carta of the Environment," the Stockholm Conference of 1972 represents a turning point in the history of the environment. This historic occasion committed the world to tackling urgent environmental issues by emphasizing sustainable development and environmental conservation. The creation of Agenda 21, a comprehensive action plan intended to prevent environmental deterioration and promote sustainable behaviors, was one of the conference's main results.
- A coordinated effort to confront the growing threat of climate change was signaled in 1994 with the establishment of the United Nations Framework Convention on Climate Change (UNFCCC). Stabilizing the atmospheric quantities of greenhouse gases, which had increased as a result of rapid industrialization and human activity, was the main goal of this protocol. Later, in 1997, the Kyoto Protocol was adopted, placing legally-binding obligations on industrialized nations to cut back on greenhouse gas emissions. This helped to support the campaign.
- The Kyoto Protocol, which acknowledged that industrialized countries have historically been mostly responsible for the majority of greenhouse gas emissions, marked a critical turning point in international climate action. The convention sought to resolve differences in emissions contributions and promote equitable burden-sharing in the fight against climate change by imposing legal requirements only on industrialized nations.
- In response to the pressing need to address ozone depletion, the Montreal Protocol on Substances that Deplete the Ozone Layer was developed in 1985. This protocol sought to control the manufacture and use of certain chemicals, such as halons and chlorofluorocarbons (CFCs), that are known to contribute to ozone depletion. The goal of the Montreal Protocol was to prevent further ozone depletion and preserve the Earth's protective ozone layer by limiting the use of certain ozone-depleting compounds.
Legally speaking, these international accords and guidelines serve as vital
tools for tackling environmental issues worldwide and advancing sustainable
growth. They provide legally enforceable agreements, a framework for
international collaboration, and procedures for oversight and enforcement.
Furthermore, they emphasize the idea of shared but distinct responsibilities,
acknowledging the various capacities and contributions of different countries to
environmental deterioration and climate change.
Hence, the ideas of
sustainability and environmental preservation are advanced by the Stockholm
Conference, UNFCCC, Kyoto Protocol, and Montreal Protocol, which serve as
cornerstones of international environmental legislation and influence how the
world responds to environmental problems. The international community has shown
that it is committed to working together to protect the planet for both the
present and the future generations by using these legal tools.
National Law:
- India's legal achievement in environmental protection is marked by the
Environment Protection Act of 1986. A comprehensive legal framework for
environmental protection has been established as a result of this law, which
was enacted under Article 253 of the Indian Constitution. It reflects the
rising national concern for environmental concerns in recent years.
- In addition, the 1986 Air (Prevention and Control) Act tackles the
urgent requirement to counteract air pollution. This law gives the state and
federal pollution control boards as well as the central pollution control
board the authority to regulate and impose policies meant to prevent and
manage air pollution. The Act outlines these authorities' various roles and
duties with regard to resolving issues with air quality and making sure
pollution control measures are followed.
Air Pollution (Prevention and Control) Act, 1981
Enacted under Article 253 of the Indian Constitution, the Air (Prevention and
Control) Act of 1986, often known as the Air Act, is a noteworthy legislative
measure. India's determination to implement the resolutions from the June 1972
United Nations Conference on the Human Environment in Stockholm served as the
impetus for its founding. This Act provides India with a vital legislative
foundation for combating air pollution and preserving the country's natural
ecosystem.
Definitions essential to comprehending the Air Act's goals and extent are
provided in Section 2. "Air Pollutant" is defined as any dangerous, hazardous
particle that is present in the atmosphere and endangers the ecosystem.
Similarly, the definition of "air pollution" emphasizes that any air pollutant
present in the atmosphere emphasizing the Act's focus on controlling and
mitigating pollutants that degrade air quality.
The Central Pollution Control Board's (CPCB) function is essential to the Air
Act's execution. The CPCB's responsibilities are delineated in Section 16 of the
Act, encompassing the enhancement of air quality as well as the prevention,
control, and mitigation of air pollution nationwide. This clause emphasizes the
central government's resolve to use coordinated regulatory actions to reduce air
pollution at the local, state, and federal levels. Legal precedents also clarify
how the Air Act should be interpreted and enforced. Section 19 of the Air Act
was used to declare some parts of Delhi as pollution control zones in the
historic case of
M.C. Mehta v. Union of India[2], also referred to as the Oleum
gas leaking case. The operation of the Shriram fertilizers factory was banned
because of a leakage of oleum gas, highlighting the Act's provisions for
regulating industrial activities to prevent environmental harm.
In addition, the court's involvement in M.C. Mehta v. Union of India[3] serves
as an example of the judiciary's function in guaranteeing adherence to the Air
Act. The court ordered the CPCB and Uttar Pradesh Pollution Control Board to
look into the reasons behind the ineffectiveness of air quality monitoring
systems in Delhi, including the possible influence of surrounding brick
industries. This illustrates the judiciary's proactive approach to upholding
environmental laws and making authorities responsible for resolving
pollution-related issues.
Important facets of the Air Act's execution are further clarified by the various
high courts' legal interpretations of the Act. The need of informing the public
about pollution control measures specified under the Act was underscored by the
Karnataka High Court in the case of Chaitanya Pulverizing Industry v. Karnataka
State Pollution Control Board[4]. This emphasizes how important openness and
citizen involvement are to environmental stewardship.
Similar to this, the Supreme Court made clear how pollution control areas are
declared in Orissa State (Prevention and Control) Board v. Orient Paper
Mills[5]. To ensure that pollution is effectively regulated in compliance with
the Act, the state government has the right to declare such locations through
formal gazette notifications in the event that an appropriate authority is not
present.
The division of authority between the federal and state governments in executing
pollution control measures is further highlighted by court rulings like Animals
Feeds Diaries and Chemical Ltd. v. Orissa State Pollution Control Board[6]. The
state government cannot give directives to manage pollution without the
necessary legal permission, even though both levels of government have the
jurisdiction to designate regions under control for pollution.
In addition, the Air Act is reinforced by constitutional clauses that underscore
the need of Indian citizens to safeguard the environment. The Indian
Constitution's Article 51A(g) emphasizes that it is every citizen's
responsibility to preserve and enhance the natural environment, which includes
forests, rivers, lakes, and animals. It was added following the 42nd Amendment
Act of 1976[7]. This constitutional obligation emphasizes how crucial personal
accountability is to preserving the environment for future generations.
Citizens' obligations to conserve the environment are further emphasized by
judicial interpretations of constitutional duties. The Patna High Court upheld
the obligation of every citizen under Article 51A(g) to maintain environmental
preservation, including the appropriate operation of industrial operations, in
the case of Sitaram Chapparia v. State of Bihar[8]. This emphasizes how
environmental care and constitutional obligations go hand in hand.
Therefore, one important piece of legislation that India has used to combat air
pollution and advance environmental protection is the Air (Prevention and
Control) Act of 1986. The Act aims to lessen the harmful effects of air
pollution on the environment and public health through its provisions, means of
enforcement, and judicial interpretations. The significance of both individual
and group effort in protecting India's natural legacy for future generations is
further highlighted by constitutional provisions that place a strong emphasis on
environmental responsibility.
Air Quality in Delhi
The Delhi National Capital Region (NCR) is more polluted than other large
cities, making it one of the world's most highly polluted metropolitan centers.
The public's health is being threatened by the frightening pollution rates; an
estimated 1.5 million people might die as a result each year. According to
studies carried out by India's Ministry of Earth Sciences, car emissions were
the main cause of the roughly 41% of PM 2.5 pollution that was found in Delhi's
air in October 2018[9].
Delhi's Air Quality Index (AQI) is generally reasonable from January to
September, then progressively bad from October to December. One of the
contributing elements during Diwali celebrations is the frequent use of
firecrackers. The Supreme Court issued stringent timing limitations, outlawing
the use of firecrackers between 10 p.m. and 6 a.m. in response to this
environmental concern. This regulation action seeks to strike a balance between
the need to protect public health and reduce air pollution and the enjoyment of
cultural festivities by the general public[10].
Right to Life and Right to Clean and Healthy Environment
The right to life and personal liberty are guaranteed by Article 21 of the
Indian Constitution. Judicial interpretations have established that Article 21
includes the right to live in a clean and healthy environment, even if it does
not expressly give such right. The judiciary has emphasized the inextricable
connection between environmental preservation and the basic rights to life and
personal liberty guaranteed by Article 21 in a number of significant rulings.
The judiciary has used Article 21 to issue decisions that protect the
environment and guarantee public health in the effort to save life and advance
environmental purity. Environmental law now follows the "Polluter Pays
Principle" as a guiding concept.
According to this theory, the people who
pollute the environment also have to pay for the harm they do. In essence, those
who pollute must make up for the damage they cause to the environment. This
strategy has worked well to hold polluters accountable for their activities and
to encourage good environmental management.
In addition, the Supreme Court has upheld the notion that environmental
pollution is a civil wrong, meaning that polluters are subject to tort law
responsibility. Polluters must pay exemplary damages as a deterrence and are
held accountable for the harm they do to the environment and society. This not
only makes up for the losses suffered but also establishes a standard for
responsible behavior and discourages further damage to the environment.
Therefore, The recognition of the right to a clean environment as an essential
element of the basic right to life and personal liberty has been made possible
by judicial interpretations of Article 21. Through the implementation of
concepts like the Polluter Pays Principle and the imposition of liability on
polluters, the legal system has played a role in advancing environmental
conservation and the fulfillment of citizens' constitutional rights.
Conclusion
The importance of environmental stewardship in India's development process
cannot be emphasized. Even if development is clearly the result of diligent
work, it is critical that people understand how crucial it is to protect a clean
and environmentally friendly environment. But reaching this objective would not
be easy, especially considering how big and complicated India's growth path is.
Achieving economic progress and maintaining environmental sustainability are
essential for any nation to become developed, and all citizens must share this
commitment.
Article 51A(g) and Article 48A of the Indian Constitution include constitutional
provisions that are essential to this commitment. Every person has an obligation
to preserve and enhance the natural environment, which includes lakes, rivers,
forests, and animals, according to Article 51A(g). In a similar vein, Article
48A gives the state instructions to work toward enhancing and protecting the
environment, as well as preserving forests and animals. The aforementioned
constitutional requirements emphasize the fundamental connection between the
protection of the environment and the joint obligation of the state and its
inhabitants.
Human undertakings that disobey the fundamental laws of nature are condemned to
failure and calamity, as Karl Marx rightly recognized. This is especially true
given India's growth trajectory, where ignoring environmental issues might have
disastrous results. Environmental deterioration threatens not only human health
and welfare but also the fundamentals of sustainable development.
Delhi, in fact, is a sobering reminder of how urgently environmental
deterioration has to be addressed. Delhi, one of the most polluted cities in the
world, is seeing an alarming decline in air quality. Asthma, lung infections,
and other chronic illnesses are only a few of the many chronic diseases that are
exacerbated by the widespread pollution, which presents serious hazards to
public health. Data suggest that pollution in Delhi might kill around 1.5
million people a year, which is a startling figure that highlights the need for
immediate action.
The government must act decisively and cooperatively to
address environmental deterioration in view of these grave truths. This means
putting strict regulations in place to stop pollution and safeguard the
environment. Strong enforcement measures must also be in place to hold
individuals responsible for environmental harm accountable. People and
organizations found guilty of damaging the environment or taking use of natural
resources for their own benefit should face severe sanctions.
It is imperative to establish a culture of environmental stewardship and
accountability by implementing punitive actions and setting an example. The
government may convey to the public the seriousness of environmental crimes by
making offenders responsible for their deeds. Punitive actions also have the
deterrent effect of keeping people from taking actions that damage the
environment or deplete natural resources. Hence, India's development strategy
has to be based on a strong commitment to environmental sustainability.
Upholding the constitutional duties to preserve and enhance the natural
environment is a duty owed by every person. Through the adoption of responsible
policies and proactive efforts to protect the environment, India can steer
towards sustainable growth and provide a more promising future for future
generations.
End-Notes:
- Ashfaq A, Sharma P. Environmental effects of air pollution and application of engineered methods to combat the problem. J Ind PollutControl. 2012;p. 29–37
- AIR 2002 SC 3696
- AIR 2002 SC 3696
- AIR 1987
- (2003) 10 SCC 421
- AIR 1995 Orissa 84
- Environmental Law, Allahabad Law Agency, 16/2, Karkhana Bagh, Mathura Road, Faridabad, 2015. Dr. Paramjit S. Jaiswal, Dr. Nishtha Jaiwal, et al.
- AIR 2001 Patna 134
- Ministry Of Earth Sciences.
- Gertler A, Kassomenos P, Incecik S. Aerosols and air quality. SciTotal Environ. 2014; 488–49; doi:10.1016/j.scitotenv.2014.04.012.19
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