Prevention and Control of Air Pollution: A Legal Insight into the Air (Prevention and Control of Pollution) Act, 1981

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Prevention and Control of Air Pollution: A Legal Insight into the Air (Prevention and Control of Pollution) Act, 1981

Author - Chandan Sha 




 Contents

  1. Introduction
  2. Historical Background
  3. Objectives of the Act
  4. Key Definitions under the Act
  5. Authorities Established under the Act
  6. Powers and Functions of Boards
  7. Measures to Prevent and Control Air Pollution
  8. Penalties and Legal Provisions
  9. Limitations of the Act
  10. Judicial Interpretation and Landmark Cases
  11. Conclusion
  12. References


1. Introduction

Air pollution is a pressing environmental issue in India, severely impacting public health, biodiversity, and the climate. The need for a specific legal mechanism led to the enactment of the Air (Prevention and Control of Pollution) Act, 1981, aimed at preventing, controlling, and reducing air pollution through administrative and legal interventions.

2. Historical Background

Following the 1972 Stockholm Conference on Human Environment, where India participated, environmental protection became a global concern. Recognising the need for focused legislation, the Government of India enacted the Air (Prevention and Control of Pollution) Act, 1981, using its power under Article 253 of the Constitution to implement international agreements.

3. Objectives of the Act

  • To provide for the prevention, control, and abatement of air pollution.
  • To maintain and restore the quality of air.
  • To establish Central and State Pollution Control Boards for effective implementation.
  • To set standards for emission from industrial plants and automobiles.

4. Key Definitions (Section 2)

Term Definition
Air Pollutant Any solid, liquid, or gaseous substance in the atmosphere in such concentration as may be injurious (Sec. 2(a))
Air Pollution The presence of any air pollutant in the atmosphere (Sec. 2(b))
Emission Any solid or liquid or gaseous substance coming out of any chimney, duct, etc. (Sec. 2(j))
Control Equipment Equipment designed to control the emission of air pollutants (Sec. 2(e))

5. Authorities under the Act

A. Central Pollution Control Board (CPCB)

Established under the Water Act, its powers extend to air pollution control.

B. State Pollution Control Boards (SPCBs)

Function at the state level to enforce provisions and issue directions to industries.

6.Powers and Functions of the Boards

(A) Central Board – [Section 16]

  • Coordinate activities of State Boards.
  • Provide technical assistance and guidance.
  • Organise training and awareness.
  • Conduct research on air pollution.

(B) State Boards – [Section 17]

  • Plan programs for the prevention and control of air pollution.
  • Inspect and monitor pollution sources.
  • Lay down emission standards for industrial plants and automobiles.
  • Advise the state government on pollution matters.

7. Measures to Prevent and Control Air Pollution

  • Section 19 – Declaring Air Pollution Control Areas.
  • Section 21 – No person shall establish or operate any industrial plant in the pollution control area without prior consent of the SPCB.
  • Section 22 – Restriction on the emission of air pollutants beyond prescribed limits.
  • Section 31A – Power to issue directions, including closure, prohibition, or regulation of any industry.

8. Penalties and Legal Provisions

Provision Penalty
Section 37 Imprisonment up to 3 months or fine up to ₹10,000, or both for non-compliance
Section 39 Offences by companies — persons in charge deemed guilty
Section 41 Offences by government departments

9. Limitations of the Act

  • Lack of strict implementation and enforcement.
  • Outdated emission standards in some areas.
  • Overburdened SPCBs with limited manpower and resources.
  • Excludes indoor air pollution, a major concern in India.
  • Inadequate public awareness and participation mechanisms.

10. Landmark case law

1. M.C. Mehta v. Union of India, AIR 1987 SC 1086

The Supreme Court held that industries causing pollution must bear the cost of harm under the Polluter Pays Principle.

2. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715

The court emphasised the Precautionary Principle and directed the State to prevent pollution through all available means.

3. Subhash Kumar v. State of Bihar, AIR 1991 SC 420

Held that the right to clean air is part of Right to Life under Article 21 of the Constitution.

11. Conclusion

The Air (Prevention and Control of Pollution) Act, 1981 was a pioneering effort in India’s environmental legislation. While it has laid down a comprehensive framework, challenges remain in the form of weak implementation, outdated standards, and lack of public awareness. Strengthening institutions, enhancing penalties, and integrating modern technology are crucial to achieving cleaner air for all.

12. References

  1. The Air (Prevention and Control of Pollution) Act, 1981
  2. M.C. Mehta v. Union of India, AIR 1987 SC 1086
  3. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715
  4. Subhash Kumar v. State of Bihar, AIR 1991 SC 420
  5. Divan, Shyam & Rosencranz, Armin, Environmental Law and Policy in India, Oxford University Press, 2001.
  6. CPCB Official Website: https://cpcb.nic.in/
  7. Ministry of Environment, Forest and Climate Change: https://moef.gov.in/
  8. “Air Pollution in India: A Crisis,” Centre for Science and Environment, 2022.



📢 “Clean air is not a privilege, it’s a constitutional promise.”




🔖 Blog by Chandan Sha | For more legal insights, stay tuned to Study on Law Hills.


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