What happens if the air pollution is caused by Government Departments?

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When an offence is committed by a government department, the head or heads of that department will be held responsible for that particular offence and legal proceedings can be initiated against them. In addition to this, if it is proven that the offence was committed with the consent, involvement, or neglect of any officer of the Government department, except the Head of Department, then that officer would be held responsible for the offence and not the head of department. Read more in our explainer on “What are the offences and punishments under this law”.

However if the offence was committed without the knowledge of the head of department or if all precautions were taken to avoid such an offence, then they would not be held responsible.¹

Section 41, Air (Prevention and Control of Pollution) Act, 1981.[↩]

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What are the sources and effects of air pollution?

Air pollution is associated with many sectors, which include power, transport, industry, residential, construction, and agriculture.

What are the offences and punishments under air pollution laws?

The offences include releasing of harmful pollutants into the environment, violation of Pollution Under Control Certificate, etc.

Who are the authorities under the air pollution laws?

The Central Pollution Control Board and the State Pollution Control Boards have been set up under the law to monitor air pollution in India.

What is Air Pollution?

Air pollution is the presence of dust, fumes, gas, mist, odor, smoke or vapour, in the atmosphere, in quantities that can cause injury to human, plant or animal life or harm the environment.

Who can you complain to about a grievance under air pollution law?

You can complain to the Police, Central and State Pollution Control Boards, Courts and the National Green Tribunal.

What is Noise Pollution?

Noise is common in everyday life, but when it goes above a certain limit, it is considered to be pollution as well as a public nuisance.