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.(( Expert Committee of The Central Pollution Control Board (‘CPCB’); UPADHYAY S. & UPADHYAY V, HANDBOOK ON ENVIRONMENTAL LAW: WATER LAWS, AIR WILDLIFE LAWS AND THE ENVIRONMENT (VOL. II), 2002.)) The Air Quality Index (AQI) measures the quantities of these pollutants in the atmosphere in an area. The causes of air pollution include:(( Section 2(a), Air (Prevention and Control of Pollution) Act, 1981.))

• Solid Air Pollutant. For example, burning of solid fuels such as firewood, crop residue, cow dung cakes, coal, lignite and charcoal.(( Indicators of Social Consumption, Ministry of Statistics and Program Implementation, accessed at: http://mospi.nic.in/sites/default/files/publication_reports/Report_585_75th_round_Education_final_1507_0.pdf.))
• Liquid Air Pollutant. For example, use of gasoline, kerosene and diesel in households. 
• Gaseous Air Pollutant. For example, sulphur dioxide, carbon monoxide and nitrogen. 
• Noise Pollutant. For example, harsh sounds from traffic, engines, generators and fireworks.

The National Ambient Air Quality Standards, set by the Central Pollution Control Board, lay down the permissible limits of twelve pollutants like sulphur dioxide, nitrogen dioxide, trioxygen, lead, carbon monoxide, ammonia, benzene, arsenic, nickel and particulate matter. These limits differ for industrial, residential, rural, ecologically sensitive areas and other areas created by the Central Government.(( National Ambient Air Quality Standards and Trends 2019, cpcb.nic.in, accessed  at: https://cpcb.nic.in/upload/NAAQS_2019.pdf.))

Right to Clean Environment

The right to a clean environment is a right available to all citizens in India.(( Shri. Sachidanand Pandey v. State of West Bengal, AIR 1987 SC 1109.)) Article 21 of the Constitution of India, 1950 lays down the right to life and personal liberty, which includes the right to pollution-free air(( Subhash Kumar v. State of Bihar, AIR  (1991) 1 SCC 598; M.C. Mehta v. Union of India (Aravalli Mining case) (2004) 12 SCC 118.)) and a clean environment. Art. 51A(g) of the Constitution also creates a duty upon every citizen to protect and preserve the environment.(( Article 51A(g), The Constitution of India, 1950.))

If a person is suffering from health issues, due to air pollution, they have a right to complain under the law. Read more in our explainer “Who can you complain to regarding a grievance under the law?”