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Air Pollution and Control Legislation in India

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J. Inst. Eng. India Ser. A (July–September 2015) 96(3):259–265
DOI 10.1007/s40030-015-0125-z
REVIEW PAPER
Air Pollution and Control Legislation in India
Prashant P Bhave1 • Nikhil Kulkarni2
Received: 5 March 2013 / Accepted: 27 May 2015 / Published online: 19 June 2015
Ó The Institution of Engineers (India) 2015
Abstract Air pollution in urban areas arises from multiple
sources, which may vary with location and developmental
activities. Anthropogenic activities as rampant industrial-
ization, exploitation and over consumption of natural
resources, ever growing population size are major contrib-
utors of air pollution. The presented review is an effort to
discuss various aspects of air pollution and control legisla-
tion in India emphasizing on the history, present scenario,
international treaties, gaps and drawbacks. The review also
presents legislative controls with judicial response to certain
landmark judgments related to air pollution. The down sides
related to enforcement mechanism for the effective imple-
mentation of environmental laws for air pollution control
have been highlighted.
Keywords Constitution
Air pollution
Acts

Policy
Introduction
Republic of India is one of the largest democratic nations in
the world being the first country to insert an amendment
into its constitution allowing the state to protect and
improve the environment for safeguarding the public
& Nikhil Kulkarni
nikhil.nature@gmail.com
1
Civil & Environmental Engineering Department, Veermata
Jijabai Technological Institute (VJTI), Mumbai 400019, India
2
Thane Municipal Corporation, Thane, Maharashtra, India
health, forests and wild life. There were some Articles (39,
42, 47, 48 and 49) indirectly dealing with the subject of
environmental pollution and protection in the former con-
stitutional law of India [1]. However, in the year 1976,
42nd constitutional amendment was adopted in response to
the Stockholm International Conference on Human Envi-
ronment in 1972 and came into effect on 3rd January, 1977.
The Directive principles of State Policy (Article 48-A) 38
and Fundamental Duties (Article 51-Ag) 39 under the
Constitution of India explicitly announced the national
commitment to protect and improve environment and
preserve air quality [1]. Nowadays through judicial inter-
pretations, the right to clean air has been identified as
element of right to life under Article 21 of the Constitution.
The language of the Directive Principles of State Policy
(Article 47) requires not only a protectionist stance by the
state but also compels the State to look for the improve-
ment of the polluted environment. Policy statement for the
amendment of pollution (1992) declares the objective of
the government to integrate environmental considerations
into decision makings at all levels.
Basics of Air Pollution Scale and Legislations
(a) Level and Scale of Air Pollution Problem:
Level and scale of air pollution problem [2]
Level Vertical scale Time scale Level of action
Local Height of stacks Hours Municipal
Urban Lower kilometers Days District
Regional Troposphere Months State/National
Continental Stratosphere Years National/International
Global Atmosphere Decades International
123
260
(b) Basic principles of environmental laws and treaties:
1. The polluter pays principle
2. Principle of non-discrimination
3. Precautionary principle
4. Principle-common but differentiated
responsibility
5. Principle of intergenerational equity [3]
History of Legislation in India
Kautilya, the prime minister of Magadh, during the regime
of Chandra Gupta Maurya, 300 B.C. in his ‘Arthshastra’
revealed the question of environment protection. Mauryan
King Ashoka, Emperor Shivaji depicted compassion for
environment [4].
Laws prior to the independence of India:
1. The Oriental Gas Company Act, 1857
2. Indian Penal Code, 1860
3. Indian Explosive Act, 1884
4. The Bengal Smoke Nuisance Act, 1905
5. The Bombay Smoke Nuisance Act, 1905
6. The Indian Boilers Act, 1923
7. Indian Petroleum Act, 1934
8. The Motor Vehicles Act, 1939 [5]
Present Scenario
1. The Factories Act, 1948 This is the first act of inde-
pendent India indirectly focusing on air pollution.
Chapter III, Sects. 13, 14 and 15 of this act focuses
on proper ventilation, dust, fumes and humidity
related to the health of labor.
2. The Industrial (Development and Regulation) Act,
1957 This was the first act providing Power to central
government to cause investigation to be made into
scheduled industries or industrial undertakings. The
extent was limited to the purpose of conserving any
resources of national importance which are utilized in
the industry along with the regulation of production
and industrial development.
3. The Mines Act, 1952 The consideration of air
pollution was again limited to the ventilation, actions
to be taken in respect of dust fire and inflammable
and noxious gases including precautions against
spontaneous combustion, underground fire and coal
dust.
4. The Inflammable Substances Act, 1952 The act was
indirectly stirring air pollution through safety. The
solitary purpose of the act was to declare certain
123
J. Inst. Eng. India Ser. A (July–September 2015) 96(3):259–265
substances to be dangerously inflammable and reg-
ularizing such substances with Petroleum Act 1934.
5. The Atomic Energy Act, 1962 [5] The act was
addressing only health impact and safety from the
radioactive substances with the sole purpose of
control over atomic energy and radioactive
substances.
6. The Air (Prevention and Control of Pollution) Act,
1981 This is the first act formulated with the sole
purpose to provide for the prevention, control and
abatement of air pollution. It was established to carry
out the purposes, of boards, for conferring on and
assigning to such boards powers and functions
relating to the matters concerned. The decisions were
taken at the United Nations Conference on the
Human Environment held in Stockholm in June,
1972, in which India participated, to take appropriate
steps for the preservation of natural resources of the
earth which, among other things, include the preser-
vation of the quality of air and control of air pollution
[6].
7. The Environment (Protection) act, 1986 This act
came into force on 23rd May, 1986 to provide for the
protection and improvement of environment and for
matters connected there with. This act is serving as
an umbrella act for many other rules and laws. e.g.
Notification on lead free petrol and catalytic conver-
tors for vehicles in metropolitan cities, 1995 etc. [6].
8. Motor Vehicle Act, 1988 This act deals with control
of automobile emissions and specifies vehicular
emission standards [5].
9. The Ozone Depleting Substances (Regulation and
Control) Rules, 2000 [6] India is categorized as
operating under Article 5 paragraph 1 of the Montreal
Protocol Regulation of production and consumption
of ozone depleting substances. This act deals with
prohibition on new investments with ozone depleting
substances, Regulation of import, export and sale of
products made with or containing ozone depleting
substances along amid Monitoring and reporting
requirements for the same. The Ozone Cell estab-
lished by MoEF which has been given the respon-
sibility for carrying out all tasks relating to phase out
of ozone depleting substances.
10. The Municipal Solid Waste (Management and Han-
dling) Rules, 2000 Ambient air quality monitoring
has been made mandatory at the landfill sites
including installation of landfill gas control system
[6].
11. The Noise Pollution (Regulation and Control) Rules,
2000 Ambient air quality standards in respect of
noise, mentioned here are classified on the basis of
area (land use), time (day or night) [6].
J. Inst. Eng. India Ser. A (July–September 2015) 96(3):259–265
Some of the International Conventions/Treaties
1. Montreal Protocol on Ozone depleting substances,
1985 (Signed by India on: 19 June 1992) In 1977 the
United Nations Environment Programme (UNEP)
concluded a World Plan of Action on the Ozone Layer,
which called for intensive international research and
monitoring of the ozone layer, and in 1981, UNEP’s
Governing Council authorized UNEP to draft a global
framework convention on stratospheric ozone protec-
tion. The Vienna Convention, concluded in 1985, is a
framework agreement in which States agree to coop-
erate in relevant research and scientific assessments of
the ozone problem, to exchange information, and to
adopt ‘‘appropriate measures’’. The Montreal Protocol
controls the production and consumption of specific
chemicals, none of which occur naturally. This pro-
tocol resulted into The Ozone Depleting Substances
(Regulation and Control) Rules, 2000 in India and
categorized 95 ozone depleting substances in groups
with their ozone depleting potential.
2. Helsinki Protocol on the reduction of Sulphur emis-
sions or their transboundary fluxes, 1986 The need to
control Sulphur emissions resulted into a Protocol to
the convention on long-range transboundary air pollu-
tion on the reduction of Sulphur emissions/their
transboundary fluxes by at least 30 % was entered
into force in 1987. Twenty-one ECE countries are
Parties to this Protocol, which aims at tapering off one
of the major air pollutants. Given the target year 1993
for the 1985 Sulphur Protocol, all Parties to that
Protocol have reached the target.
3. Sofia Protocol to control the emissions of Nitrogen
Oxides or their transboundary fluxes, 1988 In 1988 the
Protocol concerning the Control of Emissions of
Nitrogen Oxides or their Transboundary Fluxes was
adopted in Sofia (Bulgaria). This Protocol required a
first step, to freeze emissions of nitrogen oxides or
their Transboundary Fluxes. The general reference
year was 1987. Nineteen of the 25 Parties to the 1988
NOx Protocol have reached the target and stabilized
emissions at 1987 (or in the case of the United States
1978) levels. The second step to the NOx Protocol
required the application of an effects-based approach.
Applying the multi-pollutant, multi-effect critical load
approach, a new tool being prepared which should
provide for further reduction of emissions of nitrogen
compounds, including ammonia, and volatile organic
compounds. While developing this importance should
be given to their contribution to photochemical
pollution, acidification and eutrophication, and their
effects on human health, the environment and mate-
rials, by addressing all significant emission sources.
261
4. Geneva Protocol concerning the Control of Emissions
of Volatile Organic Compounds (VOCs) or their
transboundary fluxes, 1991 In November 1991, the
Protocol to the convention on long-range transbound-
ary air pollution on the control of emissions of Volatile
Organic Compounds (VOCs i.e. hydrocarbons) or their
transboundary fluxes, the second major air pollutant
responsible for the formation of ground level ozone,
was adopted. It has entered into force on 29 September
1997. This Protocol specifies three options for emis-
sion reduction targets that have to be chosen upon
signature or upon ratification:
1. 30 % reduction in emissions of VOCs by 1999
using a year between 1984 and 1990 as a
basis.
2. The same reduction as for (i) within a Tropo-
spheric Ozone Management Area (TOMA)
specified in Annex I to the Protocol and
ensuring that by 1999 total national emissions
do not exceed 1988 levels.
3. Finally, where emissions in 1988 did not exceed
certain specified levels, Parties may opt for
stabilization at that level of emission by 1999.
5. United nations framework convention on climate change,
1992 [7] (signed by India on 1 November 1993) UNFCCC
is an international environmental treaty negotiated at the
‘‘Earth Summit’’, held in Rio de Janeiro from 3 to 14 June
1992. The objective of the treaty is to ‘‘stabilize greenhouse
gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the
climate system’’. It was opened for signature on 9 May
1992 and entered into force on 21 March 1994. As of 2014,
UNFCCC has 192 parties.
6. Protocol to the United Nations Convention on Climate
Change (Kyoto), 1997 (Signed by India in: 1997) At
COP 1 (Berlin, March/April 1995), in a decision
known as the Berlin Mandate, Parties discussed cide
on stronger and more detailed commitments for
industrialized countries. After two and a half years of
intense negotiations, The Kyoto Protocol was adopted
in Kyoto, Japan, on 11 December 1997 and entered
into force on 16 February 2005. Recognizing that
developed countries are predominantly responsible for
the current high levels of GHG emissions in the
atmosphere as a result of industrial activity, the
Protocol places a burden on developed nations under
the principle of ‘‘common but differentiated responsi-
bilities.’’ Its first commitment period started in 2008
and ended in 2012. As on April 2012 more than 4000
projects registered under Clean Development Mecha-
nism; India at second amongst the 74 countries. India
benefited from transfer of technology and additional
123
262
foreign investments in the sectors like renewable
energy, energy generation—efficiency promotion and
afforestation projects. The Kyoto Protocol facilitated
India to take up clean technology projects with
external assistance in accordance with national sus-
tainable development priorities [8].
7. Basel convention, 1989 (Signed by India on: 15 March
1990) The convention designed to reduce the move-
ments of hazardous waste between nations, especially
from developed to less developed countries indirectly
helping to air pollution problem. This convention is
intended (i) to minimize the generation of toxic waste
(ii) to ensure the ecofriendly waste management as
close as to the source (iii) to assist less developed
countries for waste management.
8. Stockholm Convention on Persistent Organic Pollu-
tants (POPs) (Signed by India on 14 May, 2002) The
Stockholm Convention is a global treaty to control and
reduce the use of persistent organic pollutants (POPs)
to protect human health and the environment. POPs are
chemicals that remain intact in the environment for
long periods, accumulate in the fatty tissue of living
organisms and are toxic to living organisms. In
implementing the Convention, Governments are taking
measures to eliminate or reduce the release of POPs
into the environment.
9) Lima Climate Change Conference, UNFCCC,
COP20—December 2014 The key outcome of the
conference—Invites Developing Country Parties and
Least Developed Country Parties to communicate the
outcomes and process of formulation along with
implementation of National Adaptation Plan on Cli-
mate Change. COP 20 reiterates that the national
adaptation plan process is a country-driven, gender
sensitive, participatory and fully transparent approach.
It should consider vulnerable groups, communities and
ecosystems on the basis of and guided by the best
available science and, as appropriate, traditional and
indigenous knowledge. Parties must view to integrat-
ing adaptation into relevant social, economic and
environmental policies and actions, where appropriate
[9]. Government of India has published a National
Action Plan for Climate Change with eight National
Missions in 2008 as a response to the multilateral
negotiations in UNFCCC for climate change [10].
Judicial Responses for Environmental Issues
as Public Interest Litigations (PIL)
Judgments relating to air pollution issues have provided a
great deal of momentum to improve air quality.
123
J. Inst. Eng. India Ser. A (July–September 2015) 96(3):259–265
1. Taj Trapezium Case, Agra: Taj pollution matter:
M.C.Mehta Vs UOI and Ors. W.P.(C) No.13381/1984
This writ Petition was filed by Mr. M.C.Mehta,
regarding pollution caused to the Taj Mahal in Agra.
The sources of air pollution were particularly iron
foundries, ferro-alloys industries, rubber processing,
lime processing, engineering, chemical industries,
brick kilns, refractory units and automobiles espe-
cially the Mathura Refinery and Ferozabad bangles
and glass industries. Acid rain in this area has a
corroding effect on the gleaming white marble. The
Honorable Supreme Court after examining the
reports from National Environmental Engineering
Research Institute, Varadarajan committee, Central
Pollution Control Board (CPCB) and Utter Pradesh
(U.P.) Board, on 31.12.1996 directed that the indus-
tries in the Taj Trapezium Zone (TTZ) were the
active contributors of air pollution. All the 292
industries had to approach either to the GAIL for
grant of industrial gas-connection or to the U.P.
Government for allotment of alternative plots outside
TTZ or stop functioning using coke/coal.
Constitution Of Mahajan Committee The Honorable
Supreme Court on 30.8.1996 directed the Mahajan
Committee to inspect the progress of the green belt
development and the Taj Trapezium Zone Pollution
(Prevention and Control) Authority to monitor pro-
gress of the implementation of various schemes.
(Constituted on 17.5.1999) [11].
2. Delhi air pollution case: Vehicular pollution in
Delhi: writ petition (civil) no.13029/1985 (M.C.Me-
hta vs UOI and ors.) This writ petition was filed in
the year of 1985 under Article 21 of the Constitution
of India regarding air pollution in Delhi. The
Petitioner challenged the inaction on the part of the
Union of India, Delhi Administration (Government
of National Capital Territory of Delhi) and other
Authorities whereby smoke, highly toxic and other
corrosive gases were allowed to pass into the air due
to which the people of Delhi were put to high risk.
During the pendency of this Writ Petition, the
Honorable Supreme Court passed several orders/
directions to deal with the situations arising from
time-to-time and impressed upon the concerned
authorities to take urgent steps to tackle the acute
problem of vehicular pollution in Delhi on 26.7.1998
which include elimination of leaded petrol, replace-
ment of old autos, taxies and buses, construction of
new Interstate Bus Terminus at entry points, along
with strengthening the air quality monitoring [12].
3. Vellore Citizen Welfare Forum Vs Union of India and
Others (1996) 5 SSC 64 On 5.4.2002, the Honorable
Supreme Court has relied on the judgment in which
J. Inst. Eng. India Ser. A (July–September 2015) 96(3):259–265
precautionary principle and ‘polluter pays principle’
was discussed. The Honorable Supreme Court issued
the directions for compliance emphasizing that, the
Union of India would give priority to transport sector
including private vehicles all over India with regard
to the allocation of CNG [13].
4. Pollution by industries in Delhi: M.C.Mehta Vs
Union of India and Ors. Writ Petition (Civil)
No.4677/1985 This Writ Petition was filed by Mr.
M.C.Mehta in 1985 regarding the pollution in Delhi
by the Industries located in residential areas of Delhi.
The Honorable Supreme Court after considering the
reports submitted by the CPCB and the Delhi
Pollution Control Committee, finally ordered vide
its various orders, dated 8.7.1996, 6.9.1996,
10.10.1996, 26.11.1996 and 19.12.1996. These
orders include:
168 industries falling in ‘Ha’ and ‘Hb’ categories
which were hazardous/noxious/heavy and large
industries, 513 industries falling under ‘H’ category
43 Hot Mix Plants, 246 brick kilns falling under
category ‘H’, 21 arc/induction furnaces falling under
‘H’ category industries under the Master Plan of
Delhi (MPD-2001) were directed to close down and
stop functioning and operating in Union Territory of
Delhi. However, those industries could relocate to
any other industrial estate in the NCR or may change
their technology to cleaner one [14].
5. Noise pollution by firecrackers: Writ Petition (Civil)
No.72/1998 (Noise Pollution—Implementation of the
laws for restricting use of loudspeakers and high
volume producing sound systems) Vs UOI & Ors The
Honorable Court after hearing the matter on
27.9.2001 issued directions to all the States and the
Union Territories to control noise pollution arising
out of bursting of firecrackers, stressing on time
period of the day, area (silence zones), and public
awareness. The rules have been framed under the
Environment (Protection) Act, 1986 as noise stan-
dards for firecrackers mentioned at S. No. 89 of
Notification No.GSR 682(E), dated 5.10.1999 [15].
6. Air pollution from Chembur, Mumbai, India Chem-
bur was identified as ‘critically polluted area’ in 1990
with air pollution being the dominant problem. The
major industries in this area are oil refineries,
fertilizer, chemical and large power generating units;
The four major industries in this area are BPCL,
HPCL, RCF & Oswal Petrochemicals for which
action plans were prepared for monitoring the status
of pollution control measures in these industries [16].
7. Oleum Gas leak case: Oleum gas leak case on strict
liability: Writ Petition (Civil) No.12739 of 1985,
M.C.Mehta Vs Union of India and Ors In M.C.Mehta
263
vs. Union of India & Shri Ram Fertilizer vs. Union of
India also known as ‘Oleum Gas leak case’, the
significant questions raised were related to the scope
of Article 21 and Article 32 of the Constitution of
India. The basis on which damages in case of such
liability should be quantified, whether such large
enterprises should be allowed to continue to function
in thickly populated areas and if so permitted, what
measures should be adopted to reduce the risks to
minimum to the workers and community. The court
recommended that a national policy for location of
hazardous industries in areas of scarce pollution
highlighting the need of setting up neutral scientific
expertise body which could act as an information
bank for the courts and the government departments
and recommended for establishing ‘environmental
courts’ to deal with cases of environmental pollution
[17].
8. M/s Navin Chemical Manufacturing & Trading
Co.Ltd. initially against two respondents namely
Okhla Industrial Development Authority and M/s
Detchem Mineral Corporation In Navin Chemical
Manufacturing & Trading Co. Ltd. vs. New Okhla
Industrial Development Authority the Supreme Court
directed the Uttar Pradesh Pollution Control Board to
inspect the site of alleged air pollution industries and
take necessary action against the industries that were
causing pollution by grinding stones [18].
9. Union Carbide Corporation vs. Union of India
(BhopalCASE-III)AIR 1992 SC 248 Ranganath Misra
C. J., K.N. Singh, M. N. Venkatachalliah, A.M.
Ahmadi and N. D. Ojha, JJ. In Union Carbide vs.
Union of India, review petitions under Article 137
and writ petitions under Article 32 of the Constitution
of India, raised certain fundamental issues as to the
constitutionality, legal validity, propriety, fairness
and conceivability of the settlement of the claims of
the victims in a mass-tort action relating to what is
known as the ‘‘Bhopal Gas Leak Disaster,’’ consid-
ered as the world’s worst industrial disaster, unprece-
dented to its nature and magnitude [18].
10. Murli Deora vs. Union of India and others, 2002 AIR
40, 2001(4)Suppl.SCR 650, 2001(8)SCC 765,
2001(8)SCALE6, 2001(9)JT 364 In Murli Deora vs.
Union of India and others, while prohibiting smoking
in public places the Supreme Court stated that
‘‘fundamental right under Article 21 of the Constitu-
tion of India provides that no one shall be deprived of
his life without due process of law. In any case there
is no reason to compel non-smokers to be the helpless
victims of air pollution. Realizing the gravity of the
situation the Honorable Supreme Court directed and
prohibited the smoking in public places and issue
123
264 J. Inst. Eng. India Ser. A (July–September 2015) 96(3):259–265

directions to the Union of India, State governments as 4. Implementation of Continuous Emission Monitoring
well as the union territory to take effective steps [19]. System for large scale industries
5. Vehicular emission standards: Regulation of Emission
Norms in India
6. Promoting low carbon transport in India: Project by
Issues in Focus
UNEP, Government of India (2011) [22].
7. National Noise Monitoring Program, 2010:
1. National Ambient Air Quality Standards Following a
In pursuance to National Environmental Policy-2006
gap of 15 years, the Ministry of Environment and
(Sect. 5.2.8(iv)), ambient noise inclusion as an envi-
Forests has notified the Revised National Ambient Air
ronmental quality parameter and its monitoring in
Quality Standards in the official Gazette under the
specified urban areas is regularly needed. CPCB
Environment (Protection) Act, 1986 on 16.11.2009
established the National Ambient Noise Monitoring
[20].
Network (NANMN) covering 35 locations in seven
Some of the salient features include:
metro cities. In the second phase, 35 more stations
(i) Area classification based on land-use has been shall be added in 2011 in the same seven cities, while
done away so that industrial areas have to in the third phase, 90 more locations in 18 other cities
conform to the same standards as residential are planned which become a largest Real Time
areas. Ambient Noise Monitoring Network in world [23].
(ii) The standards shall be applicable uniformly with
the exception of stringent standards for NO2 and
SO2 in the Ecologically Sensitive Areas.
Some of the Gaps/Drawbacks
(iii) The previous standards for residential area have
been uniformly applied for fine particulate
Technical
matter (PM10), Carbon Monoxide and Ammo-
nia. More stringent limits for Lead, SO2 and
(i) Laboratory facilities are inadequate (e.g. Dioxins and
NO2 have been prescribed even for residential
furans) CPCB is addressing some of the industries to
areas.
monitor dioxins and furans (e.g. cement industries) as
(iv) Suspended Particulate Matter (SPM) as param-
a compliance condition through the consent in India.
eter has been replaced by fine particulate matter
The laboratory facilities for analysis of these chemi-
(PM2.5).
cals/pollutants are very limited in India.
(v) Other new parameters like, Ozone, Arsenic,
(ii) National air monitoring plan CPCB is executing a
Nickel, Benzene and Benzo(a)Pyrene have been
nation-wide program of ambient air quality monitor-
included.
ing known as National Air Quality Monitoring
(vi) Standards for short duration, just one to few
Program (NAMP). The network consist of 342
hours, have been set to reduce peak exposure to
operating stations covering 127 cities/towns in 26
some deadly gases like Ozone and Carbon
States and 4 Union Territories of the country [24].
Monoxide.
Due to the revised National Ambient Air Quality
(vii) Indian cities are reeling under heavy particulate
Standards the common platform of comparison for air
pollution with 52 % of cities (63 cities) hitting
quality monitoring data needs to be redefined.
critical levels (exceeding 1.5 times the stan-
Facilities to monitor PM2.5 (new parameter) are again
dard), 36 cities with high levels (1–1.5 times the
limited.
annual standard) and merely 19 cities are at
(iii) Unavailability of proper and efficient technology for
moderate levels, which is 50 % below the
vehicular emissions As the available technology is
standard. The revised standards are stricter than
not that much efficient and economic it is very
previous; hence it will increase the number of
difficult to prevent and control the automobile
highly polluted or critically polluted cities in
pollution.
India downgrading its international image [21].
(iv) Economic loss due to air pollution is not considered
2. Implementation of Continuous Ambient Air Quality in policy formation No policy developed on the basis
Monitoring Stations for large scale industries of economic loss due to air pollution. Any law is
3. Monitoring of heavy metals in ambient air quality for considering only one objective at a time like land use
large scale industries as a compliance condition pattern, health etc.

123
J. Inst. Eng. India Ser. A (July–September 2015) 96(3):259–265
(v) No data about agricultural sensitive area Some of the
agricultural species of plants (crops) are sensitive to
the air pollution. These are not considered anywhere
in policy formation. The damage to these crops gives
rise to the biological loss in terms of food and
economic loss as well.
(vi) Indoor air pollution Several international studies
have documented, indoor air pollution leads to
400,000–550,000 premature deaths in India from
acute lower respiratory infections and chronic
obstructive pulmonary disease [25–28]. It is
observed that regulatory agencies have failed to
focus on it.
Non-technical
(i) Top to down approach of policy formation Some of
the policies are developed with top to down
approach without considering the root level situation
or they are enforced by considering only some of
the part of whole area. So, it fails to achieve
objectives of the policy or generates some other
environmental issues.
(ii) Public awareness and participation in legislation In
some of the countries people make government to
develop the policies but in India policy comes first
then people get to know about it.
(iii) Implementation of enforced policy, law, rules The
history shows that the Acts, laws, rules prepared are
theoretically paramount but fails in implementation.
Some of the reasons for this are, lack of willingness
of authorized agencies, lack of awareness in com-
munity, topographic- cultural-economic variations of
the country, public participation etc.
(iv) Need of composite law Environmental legislation in
India is not a composite one. It means, it is limited in
scope and deals with only one aspect of environ-
mental protection at a time, e.g. water, air etc.
Despite the piecemeal approach towards environ-
mental protection, the Indian policy should be
reasonable to form a comprehensive policy.
(v) Time consumption in Judiciary responses Judiciary
responses on Environmental issues discussed above
concludes that the time required is a key concern in
such PILs. Many of the Environmental laws and
regulation in India are the result of reactive approach
to the public interest litigations, international treaties
and pressure groups being another cause of time
consumption. There is a crucial need of proactive,
participatory; time bound decisions making system to
deal with environmental issues in India.
View publication stats
265
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