Prevention and Control of Air Pollution

-

Prevention and Control of Air Pollution

✍️ Author: Chandan Sha


 Introduction

Air pollution is one of the most pressing environmental issues of our time. It not only affects human health but also causes irreversible damage to ecosystems and the climate. In India, rapid industrialization, vehicular emissions, and unregulated construction activities have worsened air quality, especially in urban areas. To combat this, legal frameworks and regulatory measures have been adopted for the prevention, control, and abatement of air pollution.

What is Air Pollution?

Air pollution refers to the presence of harmful substances in the atmosphere that can pose a threat to the health of living beings and the environment. These substances may include gases (like carbon monoxide, sulfur dioxide), particulate matter (PM2.5, PM10), and biological molecules.

 The Air (Prevention and Control of Pollution) Act, 1981

The Air (Prevention and Control of Pollution) Act, 1981 was enacted to provide for the prevention, control, and abatement of air pollution in India. It is the primary legislation governing air quality.

Objectives of the Act:

  • To provide for the establishment of Central and State Pollution Control Boards.
  • To empower boards to monitor air quality and set standards.
  • To regulate industrial emissions.
  • To prevent burning of hazardous materials and fuels.

Definitions under the Act

  • Air pollutant [Section 2(a)] – Any solid, liquid or gaseous substance present in the atmosphere in such concentration as may be or tend to be injurious to human beings, other living creatures, plants, property or environment.
  • Air pollution [Section 2(b)] – The presence of any air pollutant in the atmosphere.

 Powers and Functions of Pollution Control Boards

Central Pollution Control Board (CPCB)

  • Advises the central government on air pollution matters.
  • Coordinates activities of state boards.
  • Sets nationwide air quality standards.

 State Pollution Control Boards (SPCBs)

  • Plan state-level programs for air pollution control.
  • Grant consents for operating industries (under Section 21).
  • Monitor and inspect industries and vehicles.

 Prohibitions under the Act

Under Section 21, no person shall establish or operate any industrial plant in an air pollution control area without prior consent of the State Board.

Under Section 22, industries are prohibited from discharging pollutants beyond the prescribed standards.

Role of Judiciary in Controlling Air Pollution

Indian courts have played a proactive role in enforcing air pollution laws and protecting the right to a clean environment as part of Article 21 – Right to Life.

Landmark Cases

  1. M.C. Mehta v. Union of India (1987)
    The Supreme Court ordered the closure of tanneries near River Ganga and introduced the concept of “polluter pays principle.”

  2. Subhash Kumar v. State of Bihar (1991)
    The court observed that the right to clean air and water is part of Article 21.

  3. Vellore Citizens Welfare Forum v. Union of India (1996)
    The Supreme Court declared the precautionary and polluter pays principles as part of environmental law in India.

  4. Delhi Vehicular Pollution Case (1998-2001)
    The Supreme Court directed the conversion of public transport vehicles in Delhi to CNG, reducing air pollution significantly.

Recent Developments and Initiatives

  • National Air Quality Monitoring Programme (NAMP) monitors ambient air quality in 300+ cities.
  • National Clean Air Programme (NCAP) launched in 2019 to reduce PM2.5 and PM10 concentrations by 20–30% by 2024.
  • Graded Response Action Plan (GRAP) enforced in Delhi-NCR to take timely actions during smog seasons.
  • Use of bio-degradable fuels and retrofitting vehicles to comply with BS-VI norms.

Role of Citizens in Controlling Air Pollution

  • Avoid burning waste and firecrackers.
  • Use public transport or carpooling.
  • Plant more trees.
  • Report illegal emissions or industrial pollution to authorities.

Conclusion

The battle against air pollution is not just the responsibility of the government or judiciary; it requires collective effort from every individual, community, and industry. Strong implementation of environmental laws, public awareness, and sustainable practices are the keys to securing the right to clean air for present and future generations.

References

  1. The Air (Prevention and Control of Pollution) Act, 1981
  2. M.C. Mehta v. Union of India, AIR 1987 SC 1086
  3. Subhash Kumar v. State of Bihar, AIR 1991 SC 420
  4. Vellore Citizens Welfare Forum v. Union of India, AIR 1996 SC 2715
  5. National Clean Air Programme, MoEFCC, https://moef.gov.in (Last accessed: June 25, 2025)


📌 Stay informed. Stay responsible. Let’s breathe clean together.
🔗 Follow for more legal insights at Study on Law Hills
🖋️ Author: Chandan Sha

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


🔖 About Study on Law Hills

By Chandan Sha
One-stop blog for law notes, moot memorials & legal updates

Study on Law Hills is a legal blog that simplifies Indian law for students and professionals. From Constitution to Criminal Law, it offers:

  • 📚 Law notes for exams
  • ⚖️ Moot court memorials (Petitioner & Respondent)
  • 🧾 Case commentaries & updates
  • 📲 Legal reels & lectures via Instagram & YouTube

🔗 Blog: studyonlawhills.blogspot.com
📸 Instagram: @slawh2023
📧 Email: csstarmoon1000@gmail.com
🔗 LinkedIn: Chandan Sha







Comments

Post a Comment

Popular posts from this blog

Analyzing the Role of Community Participation in Water Conservation and Pollution Control in Rural West Bengal: A Case Study of the Darjeeling District

-
Image
  Topic: Analyzing the Role of Community Participation in Water Conservation and Pollution Control in Rural West Bengal: A Case Study of the Darjeeling District  Author ~ Chandan sha   I. INTRODUCTION Water is a crucial natural resource, especially in ecologically sensitive areas like the Darjeeling district of West Bengal. The increasing challenges of water pollution, depletion of clean water sources, and climate change have exacerbated the need for sustainable water management. Rural areas, where government infrastructure is often limited, rely significantly on local communities for maintaining water quality and ensuring sustainable usage. This research explores the impact of community involvement in water conservation and pollution control efforts in Darjeeling. Through a blend of doctrinal and empirical analysis, this study focuses on legal provisions, local initiatives, and administrative participation to understand the current status and scope of improvement. The ac...
Read more

“Law in My Mind, Justice in My Hand"

-
“ Law in My Mind, Justice in My Hand” In Labour Law, I see the fight, For equal pay and worker’s right. No child at work, no unjust strain, The law steps in to stop the pain. The Constitution, bold and grand, Gives rights to all across the land. From speech to vote, from faith to life, It calms the storms, it ends the strife. Environment Law, a growing plea, To save the sky, the land, the sea. No trees to cut, no waste to spill, Protect the Earth—we always will. A student now, I read and write, To stand for truth, to stand for right. In every case and every clause, I walk the path of noble laws. AUTHOR ~ CHANDAN SHA BBA LLB  🔖  Blog by Chandan Sha  | For more legal insights, stay tuned to  Study on Law Hills .
Read more

Public Trust Doctrine: Protecting Natural Resources for All

-
Image
Public Trust Doctrine: Protecting Natural Resources for All Author: Chandan Sha  Introduction The Public Trust Doctrine is a legal principle that says certain natural resources like air, water, forests, and seas are so important to all of us that the government must protect them for the benefit of the public. These resources are not owned by anyone privately but are held by the State in trust for future generations . This principle ensures that natural resources are not over-exploited or sold off for private profits at the cost of public interest. Origin of the Doctrine The doctrine started in Roman law , where it was said that things like air, sea, and running water are common to all mankind. It was further developed in English common law and adopted in many countries, including India. In India, the doctrine became a part of environmental jurisprudence through a landmark judgment by the Supreme Court in the 1990s. Article 48A added to Constitution of India through ...
Read more