Author: Shubham Raj Singh, Institute of Legal Studies
To the Point
Air pollution has emerged as one of the most pressing environmental crises facing India, posing significant threats to public health and climate stability. The Air (Prevention and Control of Pollution) Act, 1981, represents a landmark legislative intervention aimed at preventing and reducing air pollution through a comprehensive legal framework. However, despite nearly four decades of enforcement, the Act faces substantial implementation challenges, inadequate infrastructure, and weak compliance mechanisms. This article examines the legal provisions of the Air Act, analyzes its enforcement framework through landmark judicial decisions, and critically evaluates barriers to effective implementation.
Use of Legal Jargon
The Air (Prevention and Control of Pollution) Act, 1981, establishes several critical legal concepts. The term “air pollution” encompasses any solid, liquid, or gaseous substance present in the atmosphere in concentrations likely to cause adverse effects on human health, animals, plants, or property. The legislation establishes a bifurcated regulatory architecture comprising the Central Pollution Control Board (CPCB) at the union level and State Pollution Control Boards (SPCBs) at the state level. These boards are empowered to declare air pollution control areas in regions where ambient air quality has deteriorated. Within such areas, industries must obtain “Consent to Establish” (CTE) and “Consent to Operate” (COP) before commencing operations. The Act’s enforcement paradigm rests on the principle of “absolute liability” for hazardous industries. The “Polluter Pays Principle” was judicially established, mandating that entities responsible for pollution bear the complete cost of pollution control and remediation.
The Proof
The Air (Prevention and Control of Pollution) Act, 1981, provides the foundational statutory basis for air pollution control. Sections 3-6 establish the CPCB and SPCBs with authority to frame national policies and set emission standards. Sections 16-17 enumerate board powers, including conducting research, setting emission standards, collecting air quality data, and granting industrial consent. Section 19 empowers state governments to declare air pollution control areas. Section 21 establishes that no industrial plant may operate without obtaining CTE and COP from the State Pollution Control Board. Section 31 grants boards authority to seek court orders restraining any emission in contravention of the Act. Section 37 prescribes criminal penalties: imprisonment up to six months and a fine up to Rs. 1,000 for initial violations and up to two years and Rs. 5,000 for continued violations. Section 40 extends legal challenges and implementation of the Air (Prevention and Control of Pollution) Act, 1981, to the point of use of legal jargon and the proof of corporate liability, ensuring that persons directly responsible for corporate violations face personal accountability.
M.C. Mehta v. Union of India (1987)
Citation: AIR 1987 SC 1086
The Supreme Court established the doctrine of “absolute liability” for hazardous industries, holding that such enterprises are absolutely liable for any injury, loss, or damage resulting from their activities, regardless of fault. The Court held that the right to breathe clean air is an integral facet of the right to life under Article 21 of the Constitution.
Vellore Citizens Welfare Forum v. Union of India (1996)
Citation: AIR 1996 SC 2715
The Supreme Court formally incorporated the Polluter Pays Principle into Indian jurisprudence, holding that enterprises causing pollution must compensate those suffering injury and bear the cost of environmental restoration. The Court established that the precautionary principle permits regulation of potentially harmful activities even absent conclusive scientific evidence of harm.
M.C. Mehta v. Union of India—Taj Trapezium Case (1996)
Citation: (1997) 2 SCC 353 Addressing severe air pollution around the Taj Mahal from polluting industries, the Court mandated that all industries within a 10-kilometre radius switch to natural gas or relocate outside the Taj Trapezium Zone, demonstrating judicial willingness to undertake structural reform when environmental necessity dictates.
Subhash Kumar v. State of Bihar (1991)
Citation: AIR 1991 SC 420. The Supreme Court recognised that the right to pollution-free air is encompassed within the right to life under Article 21, establishing environmental rights as fundamental constitutional rights enforceable through public interest petitions.
Conclusion
The Air (Prevention and Control of Pollution) Act, 1981, created institutional and legal infrastructure theoretically capable of managing air pollution systematically. However, persistent implementation gaps remain. Landmark judicial decisions reveal administrative weaknesses, prompting courts to expand the Act’s reach through doctrinal innovations, including absolute liability and the Polluter Pays Principle. Despite judicial efforts, air pollution in India continues deteriorating, suggesting that litigation Case Laws M.C. Mehta v. Union of India (1987) Vellore Citizens Welfare Forum v. Union of India (1996) M.C. Mehta v. Union of India—Taj Trapezium Case (1996) and Subhash Kumar v. State of Bihar (1991) Conclusion cannot substitute for robust administrative capacity. Essential reforms include expanding monitoring infrastructure, enhancing regulatory board capacity, increasing inflation-adjusted penalties, integrating air quality considerations into urban planning, and promoting sustained public awareness. The constitutional foundation anchoring clean air as a fundamental right is firmly established; what remains is the administrative and political will to translate statutory frameworks into concrete environmental improvement.
Bibliography
1. Divan, Shyam, and Armin Rosencranz, Environmental Law and Policy in India (Oxford University Press, Delhi, 2nd edn., 2002).
2. Leelakrishnan, P., Environmental Law in India (Butterworths, New Delhi, 3rd edn., 2008).
3. The Air (Prevention and Control of Pollution) Act, 1981 (Act 14 of 1981).
4. M.C. Mehta v. Union of India, AIR 1987 SC 1086.
5. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715.
6. Subhash Kumar v. State of Bihar, AIR 1991 SC 420.
FAQS
1. What is the Air (Prevention and Control of Pollution) Act, 1981, and what does it regulate?
The Air (Prevention and Control of Pollution) Act, 1981, is India’s primary legislation for preventing, controlling, and reducing air pollution. It regulates industrial emissions, vehicular pollution, noise pollution, and other air pollutants through a framework administered by the Central Pollution Control Board and State Pollution Control Boards.
