Theme: 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?”

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

Sources of Air Pollution

Burning of fossil fuels and emissions

The majority of air pollution comes from the use of energy like the burning of fossil fuels which releases toxic gases and chemicals into the air.(( National Clean Air Programme, Ministry of Environment, Forest and Climate Change, accessed at http://moef.gov.in/wp-content/uploads/2019/05/NCAP_Report.pdf.)) The two most common types of air pollution are smog and soot, caused by burning of fossil fuels like coal or natural gases. The small airborne particles present in soot or smog are extremely dangerous, as they enter lungs and blood and can lead to bronchitis and heart diseases which can be fatal. 

Other sources of harmful air pollutants are in the emissions from industry, vehicles, road dust, construction, garbage burning, domestic households and diesel generator sets.(( National Clean Air Programme, Ministry of Environment, Forest and Climate Change, accessed at http://moef.gov.in/wp-content/uploads/2019/05/NCAP_Report.pdf.))

Use of Air Conditioners

Increased use of air conditioners leads to a direct increase in the demand for electricity. This demand for electricity consequently increases the dependence on fossil fuels to meet the collective energy needs. The electricity sector, thus, is the largest source of polluting greenhouse gas emissions. Increased levels of greenhouse gas emissions are responsible for climate change and air pollution. Therefore, increased usage of air conditioners is one of the causes of air pollution and is a threat to public health.(( National Research Development Corporation, accessed at: https://www.nrdc.org/experts/vijay-limaye/ac-cools-us-warmer-world-dirties-air-harms-health.))

However, a case cannot be filed against any single individual for such an act, as no one person is solely responsible for the increased demand of energy or air pollution. It is a result of increased use of air conditioners as a community which leads to these harmful effects of air pollution.

Vehicular Pollution

Emissions from vehicles are the source of 60-70% of overall air pollution. The Government is trying to control such emissions through measures like stricter mass emission standards and protocols, phasing out of old vehicles,(( Report of Working Group on Environment and Environmental Regulatory Mechanisms, NITI AAYOG, accessed at: https://niti.gov.in/planningcommission.gov.in/docs/aboutus/committee/wrkgrp11/wg_envtal.pdf.)) increased awareness about vehicle maintenance and lane discipline, revised fuel efficiency norms like use of alternative fuel programmes and blending of biofuels, promotion of electric or hybrid vehicles and increased use of public transport like metros, e-rickshaws.(( Reference Note, Vehicular Pollution in India, Lok Sabha, accessed at: https://niti.gov.in/planningcommission.gov.in/docs/aboutus/committee/wrkgrp11/wg_envtal.pdf.))

Effects of Air Pollution

Climate Change 

Air pollution is both the cause as well as an effect of climate change. The emissions of carbon dioxide and methane raise the earth’s temperature. Consequently, increased heat leads to smog (smoke and fog) and increased UV radiation.(( Air Pollution, National Research Development Corporation, accessed at: https://www.nrdc.org/stories/air-pollution-everything-you-need-know#sec1.))

Health Impacts 

Air pollution is extremely concerning due to its life-threatening health impacts. However, the impact of air pollution is not limited to health but extends to agriculture and the general well-being of human, plant and animal life. Other effects of air pollution can be irritation of the eyes and throat, damage to the lungs and can trigger allergies and asthma attacks.(( National Clean Air Programme, Ministry of Environment, Forest and Climate Change, accessed at http://moef.gov.in/wp-content/uploads/2019/05/NCAP_Report.pdf.)) Long term exposure to polluted air may also cause skin problems, harm to liver and reproductive organs. Presence of hazardous chemicals, like lead and mercury, in the air can damage children’s brain function.(( Air Pollution, National Research Development Corporation, accessed at: https://www.nrdc.org/stories/air-pollution-everything-you-need-know#sec1.)) Patients with lung or heart ailments are more vulnerable to the effects of air pollution.

 

 

The Central Pollution Control Board(( Section 16, Air (Prevention and Control of Pollution) Act, 1981.)) and the State Pollution Control Boards(( Section 17, Air (Prevention and Control of Pollution) Act, 1981.)) have been set up under the law to monitor air pollution in India. They have the following powers and functions:

• Advise the Central and State governments on all matters relating to the prevention, control and reduction of air pollution.  

• Planning and executing the programmes for the control of air pollution.

• Prescribing the standards of air quality/AQI.

• Giving permission to industrial plants to operate in a State.  No industrial plant can be set up or operated without prior permission of that State’s Pollution Control Board.(( Section 21, Air (Prevention and Control of Pollution) Act, 1981.))

Appellate Authorities

The state governments form Appellate Authorities to handle disputes relating to the environment and pollution. For example, in the state of Karnataka, a three member Karnataka State Appellate Authority headed by a retired judge, is the appellate authority.(( Shibani Ghosh, Sharachchandra Lele and Nakul Heble, ‘Appellate Authorities under Pollution Control Laws in India: Powers, Problems and Potential’, 14/1 Law, Environment and Development Journal (2018), available at http://www.lead-journal.org/content/18045.pdf.)) Anyone who wants to appeal against an order of a State Pollution Control Board can go before the appellate authorities,(( Section 31, Air (Prevention and Control of Pollution) Act, 1981.)) not any other civil court.(( Section 46, Air (Prevention and Control of Pollution) Act, 1981.))

A person who wants to appeal against the decisions and orders of the Appellate Authority can go before the National Green Tribunal,(( Section 16(f), National Green Tribunal Act, 2010.)) which has legal authority over all civil cases raising a substantial question relating to the environment, including enforcement of any legal right relating to the environment. 

Pollution Control Committees

The Pollution Control Committees are regulatory bodies, set up by the Central Pollution Control Board. The Board can delegate its powers and functions to these Committees for certain areas. For example, the Delhi Pollution Control Committee  was established in 1991 to perform the functions as that of a State Board for the Union Territory of Delhi.(( Delhi Pollution Control Committee, accessed at:https://www.dpcc.delhigovt.nic.in/about#gsc.tab=0.))

 

The Central Pollution Control Board established the National Air Quality Monitoring Programme (NAMP) to track air quality across 29 states and 6 union territories. The aim of NAMP is to:(( Central Pollution Control Board, available at  https://cpcb.nic.in/about-namp/.))

• Determine the status and trends of ambient air quality.
• Determine whether the prescribed ambient air quality standards are being violated.
• Identify cities that do not meet the National Ambient Air Quality Standards (NAAQS) over a 5-year period consistently and designate them as non-attainment cities.
• Gather knowledge and proper understanding for developing preventive and corrective measures.
• Understand the natural cleaning process taking place in the environment through pollution dilution, dispersion, wind-based movement, dry deposition, precipitation and chemical transformation of pollutants.

 

The NAMP monitors the four major pollutants as part of the AQI – sulphur dioxide, oxides of nitrogen, respirable particulate matter and fine particulate matter. It also checks wind speed and direction along with relative humidity and temperature.

The NAMP is a result of the joint efforts of the Central Pollution Control Board, State Pollution Control Boards, Pollution Control Committees and National Environmental Engineering Research Institute (NEERI), Nagpur.

 

Police

Anyone can file a complaint at the nearest police station and can even register an FIR (First Information Report) for public nuisance(( Section 268, Indian Penal Code, 1860.)) against the establishment, industry or person responsible for air pollution. 

 

Central and State Pollution Control Boards

CPCB stands for the Central Pollution Control Board. It is a body constituted under the law to prevent and control water and air pollution in India. It also provides technical services to the Ministry of Environment and Forests and runs the air and water quality monitoring programme to help regulate and decrease the level of pollution.(( Central Pollution Control Board, accessed at: https://cpcb.nic.in/Introduction/.)) It has a complaint portal on its website to report air pollution in Delhi NCR.

An aggrieved person can approach the State Pollution Control Board office in their state or visit the website to file a complaint for air pollution. The State Pollution Control Boards have the power to:

• Approach a court for restraining any person who is likely to cause air pollution.(( Section 22A(1), Air (Prevention and Control of Pollution) Act, 1981.))
• Obtain information about emissions from industrial plants, enter and inspect premises, take samples of emissions and send for analysis.(( Section 24-26,Air (Prevention and Control of Pollution) Act, 1981.)) 
• Direct the closure of such polluting establishments or cut off or regulate its water or power supply. 

Courts

District Magistrate

Anyone can approach the Magistrate to file a civil suit for remedy against public nuisance with the help of a lawyer. The Magistrate also has the power to  issue a notice under Sec. 133 CrPC(( Section 133, Code of Criminal Procedure, 1973.)) (order for removal of nuisance) to stop the polluting activities.

National Green Tribunal

Complaints can be registered at the official website of the National Green Tribunal. (NGT). The complaint can be filed as an individual, advocate, a representative of a law firm or NGO or as a representative of the Government of India.

When the proceedings are initiated, the NGT can provide relief and compensation as well as order return and restoration of property damaged and the environment of the area.(( Section 15, The National Green Tribunal Act, 2010.))  The NGT orders compensation for instances of death, disability, injury or sickness, loss of wages and medical expenses(( Schedule II, The National Green Tribunal Act, 2010.)) to the person responsible for causing the damage to the environment.(( Section 17, The National Green Tribunal Act, 2010.))

The Tribunal also has the power to grant:

• Interim orders or a stay 
• Orders requiring a person to cease and desist. 

 

 

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