Author: Pushpa Prasad, Faculty of Law, Delhi University
INTRODUCTION
The right to life is a fundamental human right that can be significantly impacted by environmental factors, including air pollution.Numerous health concerns, including cardiovascular disorders, respiratory illnesses, and early mortality, are associated with poor air quality.When communities, especially vulnerable sections of the society are exposed to high AQI air then their right to life cannot be compromised. The role of the executive judiciary and legislative become very crucial . State being the father of the citizens, it is his duty to protect the citizens from all the health related issues.Duty of clean air is essential for safeguarding public health and upholding the right to life.
It is a complex issue that involves public policy, environmental justice and community health advocacy. Air pollution is the fourth leading cause of death globally, accounting for nearly seven million dealths.It can affect people in different ways, and older people, children and those with pre existing health conditions are more sensitive to its effects.
In India the capital Delhi witnesses the winter fog and the smoke from stubble burning, vehicles, carried by the incoming northern winds, combine to make Delhi a ‘gas chamber’. The ranking of AQI latest in October 2024 New Delhi of India ranks 13 with AQI 284 which reads as unhealthy air. In this context we should examine the law framed by India to combat air pollution. The law passed is Air Prevention and Control of Pollution Act, 1981
It is an important legislation in India aimed at preventing and controlling air pollution. It provides a framework for regulating air quality and protecting the environment and public health from the harmful effects of air pollutants
The key features of the Act:
As a result of the act, State Pollution Control Boards (SPCBs) were established at the state level and the Central Pollution Control Board (CPCB) at the federal level. These boards are responsible for implementing the provisions of the acts and monitoring air quality.
The act empowers the CPCB to set standards for the quality of air in different regions and for various sources of air pollution.
The act includes provisions for the control and regulation of emissions from industries and other sources, including vehicles and construction activities.
Industries are required to prepare a pollution control plan and obtain consent from the SPCB before establishing or operating a facility that may emit pollutants.
The Act prescribes penalties for non- compliance with its provisions, including fines and imprisonment for serious violations.
The Act encourages public participation and awareness regarding air pollution and its impacts, promoting community involvement in monitoring and reporting pollution incidents.
And the other act which prevent pollution are ;
The Factories Act 1948
The Mines Act 1952
The Environment (Protection) Act 1986
The Ozone Depleting Substances (Regulation and Control) Rules, 2000
CLEAN ENVIRONMENT AN ASPECT IN THE DIRECTIVE PRINCIPLES OF STATE POLICY
In the 42nd Amendment Act 1976 the provision of Article 48A was added in the Constitution of India. “The State shall endeavour to protect and enhance the environment and to safeguard the forests and wildlife of the country,” according to Article 48A. Fundament was also used to force responsibility on the populace. Even responsibility on the citizens was imposed in the form of Fundamental Duties – ‘to protect and improve the natural environment including forest, lakes, rivers and wildlife, and to have compassion for living creatures’
What is the environment ? How the activities of the individual are disturbing the whole environment and how pollution has turned to be the threatening issue in today’s world?
The answer to this question could be that the environment is the natural world including all living organisms, ecosystems and the physical surroundings such as air, water and land. It encompasses everything from the smallest microorganisms to the largest ecosystems, like forests and oceans.
The environment is greatly impacted by human activity in a number of ways.
Deforestation leads to disrupts ecosystem
Pollution harms the wildlife and degrade natural resources
Climate change affects the weather patterns, sea levels,and ecosystems
Overconsumption leads to environmental degradation
Air pollution is a particularly pressing issue because it is affects the
Health risks : contamination in the air such as particulate matter, nitrogen oxides, and sulphur dioxide can cause respiratory diseases, cardiovascular problems, and premature deaths.
Acid rain, which damages forests, soil quality, and aquatic habitats, can result from it.It contributes to global warming.
The health problems and environmental damage caused by air pollution can lead to significant economic burdens, including healthcare costs and loss of productivity.
Addressing these issues requires collective action, including transitioning to cleaner energy sources, reducing waste, and implementing stricter pollution controls.
A case concerning vehicle pollution in Delhi City is M.C. Mehta vs. Union of India (Vehicular Pollution Case) 1991 SCC (2) 353.It was decided that it was the government’s responsibility to prevent vehicle pollution from contaminating the air. According to the Supreme Court, which once again upheld the right to a healthy environment as a fundamental human right, the right to clean air also resulted from Article 21, which made reference to the right to life. The introduction of free gasoline in Delhi as a result of this lawsuit has been a significant turning point. As ordered by the courts, all outdated commercial cars older than five years were completely disposed of.
PROVISION IN CONSTITUTION OF INDIA
Article 21 of the Indian Constitution guarantees the right to life and personal liberty. Over the years, the interpretation of this article has expanded to include various facets of life, including the right to a cleana clean and healthy environment. Air pollution has emerged as a significant public health concern, impacting individuals quality of life and overall well being.
Article 21 and air pollution can be analysed in various dimensions:
Right to healthy environment- the Supreme Court has recognised that the right to life under Article 21 includes the right to live in a pollution free environment. Air pollution leads to serious health issues and it is a violation of the fundamental right.
Judicial Interventions: The judiciaryjudiciary has intervened in several cases to address air pollution. For instance in many PILs of M.C Mehta case 1996 in the Taj Trapezium Case W.P.(C)No.13381/1984
Public Health Implications: Air pollution has been linked to millions of premature deaths and the range of health issues. The enjoyment of life and good health depend on having access to clean air, and the right to life encompasses more than just physical existence.
Government Responsibility: Under the Directive Principles the state has the obligation to protect the environment and public healthhealth. The state by formulating rules and regulations to curb the air pollution if not done its violations of the human right to live healthy life.
Public Awareness and Participation: Citizens have the right to be informed about the air quality and guidelines to be imposed upon to follow it.
Article 32 provides remedies for enforcements of right conferred by part three of the Constitution of India.
ROLE OF JUDICIARY IN ENVIRONMENTAL POLICIES
The judiciary plays a crucial role in shaping and enforcing environmental law.
The judiciary interprets the existing law and regulations helping to clarify their scope and application. Courts have recognized the right to a healthy environment as a fundamentalfundamental human right. This recognition allows individuals and communities to seek legal remedies for environmental harm, ensuring that their rights are protected.
The judiciary has the authority to review actions taken by the government agencies and corporations to ensure compliancecompliance with the environmental laws. The courts enforce environmental regulations by imposing penalties on violators and requiring them to take corrective actions.
The judiciary facilitates PIL, allowing individuals or groups to file cases on behalf of the public interest particularlyparticularly in matters affecting the environment. This mechanism empowers citizens to challenge harmful practices and hold authorities accountable. In M.C Mehta case to protect the Taj Mahal the court emphasisesemphasises the concept of polluter pays principle which creates absolute liability on the polluters and is liable for the environmental damages.
Judicial decisions in environmental cases often set important legal precedents that can influence future cases and shape environmental policy. The judiciary often has to balance competing interests such as economic development and environmental protection. Judicial oversight encourages both governmental and private entities to comply with environmental laws, fostering a culture of accountability and responsibility.
Judiciary serves as a critical guardian of environmental law, ensuring that environmental rights are upheld, regulations are enforced, sustainable practices are promoted. Its role is vital in addressing environmental challenges and protecting public interest.
PRESENT SCENARIO OF DELHI AIR POLLUTION 2024
It has become an annual crisis in Delhi the Air Quality Index has been seen in the poor category and turning to very poor category as per the Central Pollution Control Board (CPCB) ,According to a 2015 study of IIT Kanpur the sources of air pollutants in Delhi
The top four contributors PM 2.5 emissions were road dust 38% vehicles 20% domestic fuel burning 12% and industrial point sources 11%. The most pollutant months are November, December, and January. The WHO 2021 air quality guidelines says that the daily average PM 2.5 level should not exceed 15 microgram/ m3 and for PM 10 levels the limit is set at 45 microgram/m3. In Delhi 2024 PM2.5 and PM 10 reached 445 and 1566 microgram/m3.This put Delhi into serious air problems and the government had invoked various ways to combat this serious issue by increasing the parking price by which will force the public to use public transport. By increasing the metro transport more with easy availability and more public buses made available to reduce the use of private vehicles. Not permitting the diesel and petrol buses from neighbouring states to enter Delhi. The government has initiated action against the dust pollution against vehicles and construction sites. Stubble burning which is very much prevalent in the neighbouring state of Delhi due to late sowing of the crop which leads to no time to cut the crop manually and usages of machine leads to increase in left over harvested paddy field to save time for the next harvest the farmer burns the leftover stuffs which leads to pollution in various region impacts the Delhi region the most. Even the artificial rain is not giving much benefit due to the extremely decrease in the air quality.
Citing Article 21 of the Indian Constitution, the Supreme Court emphasized that everyone has the right to live in a country free from pollution and ordered the state and federal government to address the rising levels of air pollution that are negatively impacting people’s quality of life.
FAQS
How is air pollution impacting the human body in a silent way ?
Seven percent of the daily deaths in major metropolitan cities are due to breathing of bad quality air, there is no direct evidence of air pollution seen in the human body when a person is facing numerous health issues harmful air particles act as a stimulant to deteriorate the health condition more rapidly. To make a person ill multiple elements play a role including tobacco, alcohol ,hereditary, occupation malnutrition , respiratory diseases these increase the risk factors. Continued bad air inhalation and exhalation may lead to deposits to harmful gases in the body part and bad quality air will have an impact on the quality of life and efficiency of worklife.
Do the government policies are impactful in improving the quality of air in capital city Delhi?
No doubt the policies can be more impactful if followed by the authorities who are implementing the policies. There is always a difference in the law policy and its implication process. It is not just the duty of the government to act but it is even the fundamental duty of the citizens to act wisely and maintain awareness among each other. Let say the prevalent case of stubble burning which is ecological harmful even the microorganism are killed in the burning process which decreases the soil quality. And due to this act there is an increased level of air pollution in the state. This puts an obligation on both the state and citizens to act on the major issues of the environment.
CONCLUSION
Poor air quality can be considered a violation of fundamental rights, particularly the right to life and health. In many jurisdictions access to clean air is linked to the broader rights enshrined in constitutions or human rights frameworks. Clean air is essential for maintaining health. Prolonged exposure to pollution can lead to serious health issues, undermining the right to life and well being.
Addressing air quality involves not only environmental policy but also safeguarding human rights, highlighting the need for holistic approaches in governance. The Supreme Court of India laid various precedents to regulate the environmental issues. The Acts passed by the legislation should be implemented by the executive wisely to protect the citizens from life threatening diseases. We the People of India represents the democratic country where citizen life at any cost should come first.
