Authored By – Krishna Singh, Nmims University, School of Law, Indore
A) Introduction
In the modern world, air pollution persists as a significant global issue, with severe implications for both environmental sustainability and human health. As the second leading proximate cause of death worldwide, air pollution remains an ongoing concern. The adverse impacts of air pollution have made the implementation of strict regulations an imperative priority.
The increasing levels of air pollution in India have created a serious environmental and public health crisis, necessitating a thorough examination of the country’s regulatory framework. The significant rise in air pollutant emissions, driven by rapid industrialization, urban growth, and population increase, has resulted in severe air quality deterioration and its associated health consequences.
The Constitution of the Republic of India is the first in the world to introduce environmental safeguards into the foundational law of the state. This article emphasizes the legal prevalence of air pollution measures in India.
Keywords (Minimum 5): AIR POLLUTION, HUMAN HEALTH, EMISSIONS, AIR POLLUTION LAWS, ENVIRONMENT
B) Subheads
1. History and Evolution of Air Pollution
In 400 BC, Hippocrates, also known as the father of medicine, propounded the concept of Miasma Theory. This theory suggested a link between environmental factors and human health. Hippocrates established a connection between “bad air” or “miasmas” and human diseases through his findings. According to Hippocrates, miasmas consisted of noxious vapors emitting from decaying organic matter, often identified by a foul smell. These unpleasant odors entered the human body and caused severe diseases such as cholera and malaria. Consequently, health measures were introduced to counter air quality concerns and maintain cleanliness. The emergence of air pollution as a significant concern was documented in Hippocrates’ work Air, Waters, and Places, written around the 4th century BCE.
His groundbreaking observations laid the foundation for formulating policies and regulations regarding air pollution. During the 19th century, the prevalence of the miasma theory was disproved and transitioned into the germ theory. The 18th century marks a significant era in transforming the global landscape with the commencement of the Industrial Revolution. Industrialization led to significant consequences for air quality. The establishment of factories and increased coal combustion resulted in severe emissions of hazardous gases. The replacement of traditional manufacturing processes with industrial manufacturing methods was a major factor behind escalating pollutant emissions. Additionally, the growing population, which contributed to the rise of industrial production, also adversely affected air quality due to excessive domestic emissions.
The infamous Great Horse Manure Crisis during the 18th and 19th centuries was another landmark incident of urban pollution. A subsequent incident, the Donora Smog of the early 20th century, resulted in 20 deaths and respiratory complications for approximately 6,000 people. This disaster was attributed to emissions caused by local industries, such as the U.S. Steel Donora Zinc Works.
Developing countries have faced increasing concerns over air quality degradation in recent years. India, among the developing nations, faces similar challenges, with major cities such as Delhi and Ghaziabad categorically experiencing “severe” air pollution levels. According to official figures, air pollution is estimated to shorten the average Indian life expectancy by approximately 5.3 years.
2. Causes of Air Pollution in India
A plethora of factors contribute to air pollution in India. According to official statistics, air pollution causes around 7 to 8 million deaths each year. Many of these deaths result from cardiometabolic conditions. A report by the Clean Air Fund highlights that poor air quality has become the second most common factor for death. Major sources of air pollution include vehicle emissions, industrial activities, agricultural practices, and biomass burning. Vehicles emit hazardous gases such as nitrogen oxides, carbon monoxide, and particulate matter, significantly increasing atmospheric pollution. Similarly, burning biomass for energy or land clearing releases toxic gases like carbon monoxide.
The following are the major contributors to air pollution in India:
-
Domestic Combustion: Traditional cooking and heating methods, such as open fires and stoves, are widely used in Indian households. This practice is a major cause of indoor pollution. According to World Health Organization (WHO) statistics, household air pollution causes approximately 3.2 million deaths per year worldwide.
-
Prevalence of Agricultural Practices: Agriculture is one of India’s primary sources of employment. However, agricultural practices have been linked to air quality degradation. The use of fertilizers and pesticides releases ammonia and other hazardous chemicals into the atmosphere.
-
Wildfires: Wildfires contribute significantly to air pollution. For instance, the infamous wildfire of Uttarakhand in November 2023 severely impacted both health and air quality. Emissions of hazardous air pollutants resulted in severe respiratory conditions among the residents of Uttarakhand. The large-scale destruction led to the devastation of 1,100 hectares of forest land.
-
Industrial Evolution: Industrial development in India has amplified since the liberalization of the economy in the 1990s. This industrial growth has led to the emission of severe chemical pollutants, including nitrogen oxides and volatile organic compounds, which contribute to air pollution.
-
Transportation: According to official figures, 20-30% of urban air pollution in India is caused by transportation. For instance, in New Delhi, transportation emissions were responsible for about 11% of all deaths in 2015.
3. Health Impact of Air Pollution
From the 4th century, when Hippocrates outlined the connection between poor air quality and human health, to the 21st century, the adverse impact of air pollution on human health has been a major concern. A study published by the National Bureau of Economic Research, titled “This is Air: The Non-Health Effects of Air Pollution,” observed that even low levels of pollution can cause cellular and organ system changes, leading to fatigue, irritability, impatience, and lack of focus.
The major health implications of air pollution include:
-
Impacts on the Heart and Lungs: Air pollution severely affects the cardiovascular system. The heart and lungs are the most vulnerable organs, as they are responsible for respiration. A seminal paper published by the National Library of Medicine, titled “Long-term Residential Exposure to Air Pollution and Repeated Measures of Systemic Blood Markers of Inflammation and Coagulation,” outlined that air pollution causes severe inflammation in the lungs, diminishing their ability to exchange carbon dioxide with oxygen.
-
Premature Deaths: Air pollution is responsible for approximately 6.4 million deaths worldwide, including 4.2 million deaths from ambient air pollution. According to WHO statistics, poor air quality leads to around 7 million premature deaths annually. In India, over 645,000 deaths occur annually due to air pollution, making it one of the countries with the highest number of deaths from poor air quality.
-
Lung Cancer: Lung cancer is one of the most serious diseases globally. Extensive research suggests that air pollution is a significant factor contributing to lung cancer. Official estimates indicate that 265,267 lung cancer deaths are attributed to ambient air pollution.
Legal Prevalence of Air Pollution Measures in India
- The Pre-Independent Era – The origin of air pollution legislation in India commenced during the colonial period, by the late nineteenth century. The Bengal Smoke Nuisance Act, 1905 marks the first air pollution regulation in India. The late 19th century witnessed the development of the Industrial Revolution in India, which led to adverse effects on air quality. The excessive use of coal and fossil fuels severely impacted public health, necessitating the formulation of the first air pollution regulation.
Frederik Grover, a smoke inspector, prepared a report concerning air pollution issues in Calcutta, which laid the foundation for regulatory measures. - India After Independence – After colonial rule, Independent India became one of the first countries to incorporate air quality standards and environmental protection measures into its Constitution. The Constitution of India safeguards environmental standards by ensuring state policies enforce actions toward safeguarding air, water, and land quality.
Through the Directive Principles of State Policy, the Constitutional law of India maintains and upholds environmental safety standards. The first official act of Independent India that addressed air pollution was the Factories Act of 1948. Some provisions of the Act included ventilation and dust regulations to protect labor health. - The Mines Act of 1952 – Mining activities severely impact the environment, particularly air quality. To regulate environmental concerns regarding air quality and ventilation for mine workers, the Mines Act of 1952 was enacted. This Act introduced key provisions ensuring safe working conditions and regulating dust emissions in mines.
- The Air (Prevention and Control of Pollution) Act, 1981 – The Air (Prevention and Control of Pollution) Act, 1981 was one of the first acts exclusively focusing on air pollution regulation. Enacted on March 29, 1981, this Act laid down essential definitions regarding air pollution, including air pollutants and their sources.
Additionally, the Act led to the formulation of regulatory bodies, such as the Central Pollution Control Board (CPCB) and the State Pollution Control Boards (SPCBs). These Boards were authorized to advise and implement policies preventing air pollution at both the central and state levels. Furthermore, they were responsible for collecting official data and statistics on climate-related adversities. - The Motor Vehicles Act of 1988 – Vehicle emissions are one of the major contributors to air pollution. To regulate transportation emissions, the Motor Vehicles Act, 1988 incorporated emission control regulations and outlined emission standards. The Act mandated stricter rules regarding vehicular pollution, emphasizing the role of cleaner fuel alternatives and regular emission checks.
Major Case Laws on Air Pollution Regulations in India
The judiciary is an imperative pillar of the Indian State. It is responsible for interpreting, reviewing, and suggesting legal guidelines and policies. Judicial interpretation and directives play a key role in formulating and amending laws in compliance with environmental needs.
Under Article 21 of the Constitution of India, the right to adequate air quality is recognized as a fundamental right. Therefore, it is crucial to examine case laws that have shaped air pollution measures in India.
One of the most notable legal figures in environmental litigation is M.C. Mehta, a legendary advocate for environmental concerns. His legal battles have shaped the core legal framework of air pollution measures in India. The following are landmark cases that significantly influenced environmental jurisprudence.
M.C. Mehta v. Union of India (Writ Petition (Civil) No. 13029/1985)
This case addressed the issue of vehicular air pollution in Delhi. The case was filed as a writ petition by M.C. Mehta to highlight the increasing air pollution levels in the capital city. This landmark case led to the formulation of significant measures to regulate vehicular pollution.
Issues Involved
- Whether the prevailing measures and standards for air pollution regulation were insufficient in their effectiveness?
Judgment
- The case led to the establishment of committees to address concerns regarding air pollution and authorized them to outline actionable measures.
- One of the major outcomes of the case was the implementation of Compressed Natural Gas (CNG) as a mandatory fuel in public transport to counter hazardous emissions.
- Additionally, the Supreme Court barred the operation of vehicles older than 15 years to curb pollution.
Oleum Gas Leak Case: M.C. Mehta v. Union of India (Writ Petition (Civil) No. 12739/1985)
Oleum gas is commonly used for industrial purposes but poses severe health risks upon exposure, including eye irritation, blindness, lung irritation, chest pain, and breathing difficulties.
This toxic gas leaked from a unit of Shriram Foods and Fertilisers in a populated area of Kriti Nagar, Delhi, leading to severe public health hazards and fatalities.
Issues Involved
- Whether private corporations engaged in hazardous activities could be held liable under the principles of strict liability or absolute liability?
Judgment
- On February 17, 1986, the Supreme Court delivered a landmark ruling that significantly evolved environmental law.
- The doctrine of absolute liability was introduced, holding industries involved in hazardous activities strictly liable for any damage caused.
- The five-judge bench mandated compensation for the victims.
- This ruling heightened public health and safety standards, ensuring stricter industrial regulations.
Union Carbide Corporation v. Union of India, AIR 1988 SC 1531
This case revolves around the Bhopal Gas Tragedy, one of the world’s worst industrial disasters. On the night of December 2, 1984, methyl isocyanate gas leaked from the Union Carbide facility, leading to the instant death of approximately 2,600 people.
Official figures suggest that the total death toll reached 20,000, with hundreds of thousands suffering long-term health complications. The Indian government filed a lawsuit against Union Carbide Corporation (UCC), seeking $3.3 billion in damages.
Issues Involved
- Whether absolute liability should be applied to Union Carbide Corporation for its role in the Bhopal Gas Tragedy?
Judgment
- On February 14, 1989, the Supreme Court of India ruled that Union Carbide Corporation must pay $470 million as compensation.
- Additionally, the court directed the Union and State governments to ensure rehabilitation for victims and address any gaps in further compensation.
- The majority opinion held Union Carbide liable and accountable for the catastrophic disaster. However, Hon’ble Justice A.M. Ahmadi dissented.
International Treaties and Conventions on Air Pollution Measures
India is acknowledged for its role in global governance and its unique contributions to the international landscape. Air pollution is not just a domestic issue but a significant international concern. International treaties and conventions play a crucial role in regulating and formulating global standards for environmental protection. These treaties create binding legal obligations for consenting nations, establishing clear goals and monitoring mechanisms to facilitate further improvements.
The following are some of the international treaties signed by India:
United Nations Framework Convention on Climate Change (UNFCCC), 1992
During the Earth Summit held in Rio de Janeiro, the United Nations Framework Convention on Climate Change (UNFCCC) was adopted to address climate change concerns. Officially signed by 154 countries on June 4, 1992, India became a signatory on November 1, 1992. The objective behind this international agreement was to stabilize greenhouse gas emissions and their concentration in the atmosphere. The convention formally came into force on March 21, 1994.
Montreal Protocol on Ozone-Depleting Substances, 1987
Adopted on September 16, 1987, the Montreal Protocol is a landmark international treaty aimed at protecting the ozone layer from depletion caused by hazardous chemical emissions. India officially signed this treaty on June 19, 1992. Since its inception, the treaty has successfully phased out 98% of the global consumption of ozone-depleting substances, achieving its desired environmental outcomes.
Kyoto Protocol to the United Nations Framework Convention on Climate Change, 1997
India officially signed the Kyoto Protocol in 1997, an international treaty that aimed to address the growing concerns of global warming and its adverse effects on the environment and human health. Adopted on December 11, 1997, in Japan, this treaty extends the UNFCCC by introducing binding commitments for industrialized nations to reduce greenhouse gas emissions. Some of its key provisions include market-based mechanisms to control excessive emissions, thereby promoting sustainable development.
Conclusion & Comments
Air pollution in India demands serious consideration. The persistent threat posed by increasing air pollution levels necessitates effective implementation and practical measures. India’s fight against air pollution is deeply interwoven with its legal framework, regulatory measures, and judicial interventions.
At the core of this fight is the Air (Prevention and Control of Pollution) Act, 1981, which serves as the primary legislative instrument. This act empowers national and state governments to establish emission standards and enforce compliance. Complementing this is the Environment Protection Act, 1986, which serves as an overarching legal framework for environmental protection, including air quality regulations. This act enables the central government to set air quality standards and regulate industrial emissions, imposing penalties for non-compliance.
India’s judiciary has also played a significant role in addressing air pollution. The Supreme Court of India, through landmark judgments, has pushed the government to adopt stricter emission standards for industries and vehicles. The judiciary has acted as a guardian of environmental rights, emphasizing the importance of cleaner air.
Additionally, embracing cleaner technologies is essential. The adoption of electric vehicles, renewable energy sources, and stricter emission regulations for industries can significantly reduce pollution levels. Since pollution knows no state or national boundaries, collaborative efforts among governments, both within India and internationally, are crucial in tackling this issue.
A robust legal framework, combined with proactive governance and technological advancements, can transform these measures into tangible improvements—leading to cleaner air, healthier lives, and a more sustainable future for all.
References
Online Articles / Sources Referred
- K. Vinod Razdan, Air pollution, legislative controls and judicial response. Bull Natl Inst Ecol 15, 239–247 (2005).
- World Health Report, Shaping the Future (World Health Organization, Geneva, 2003).
- K. Balakrishnan et al., Indoor air pollution associated with household fuel use in India: an exposure assessment and modeling exercise in rural districts of Andhra Pradesh (World Bank, Energy Sector Management Assistance Program (ESMAP), Washington, DC, 2004).
- National Action Plan on Climate Change, Prime Minister’s Council on Climate Change, Government of India (2008).
- Prashant P Bhave & Nikhil Kulkarni, Air Pollution and Control Legislation in India.
- Sandra Aguilar-Gomez, Holt Dwyer, Joshua S. Graff Zivin, & Matthew J. Neidell, THIS IS AIR: THE “NON-HEALTH” EFFECTS OF AIR POLLUTION, November 25, 2016. Available at: http://dx.doi.org/10.1016/S2468-2667(16)30023-8.
Cases Referred
- M.C. Mehta v. Union of India, Writ Petition (Civil) No. 13029/1985.
- Oleum Gas Leak Case, Writ Petition (Civil) No.12739 of 1985, M.C. Mehta vs. Union of India.
- Union Carbide Corporation v. Union of India, AIR 1988 SC 1531.
