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Air pollution has become a major concern in Delhi, the capital city of India,
with severe consequences on public health and the overall environment.
Unprecedented industrial development and urbanization, coupled with a
growing population, have contributed to the rising levels of air pollution in
Delhi (Heck & Hirschberg, 2011)1.
Year after year the increasing air pollution in the months of October and
November is proving to be life threatening for people. In Delhi, air pollution is a
significant problem that poses serious health risks to its residents. Several
factors contribute to air pollution in Delhi, including vehicular emissions,
industrial activities, construction dust, agricultural burning, and the burning of
biomass for cooking and heating. Another cause is the PM present in air. PM is
known as particulate matter which refers to microscopic particles formed from
solid or liquid matter that remain suspended in the air.
CAUSES
Industrial emissions, vehicular exhaust, construction activities, and burning of
agricultural waste are some of the key sources of air pollution in the city. The
rapid industrial development in Delhi has resulted in increased emissions of
pollutants into the atmosphere. These pollutants include particulate matter,
sulphur dioxide, nitrogen oxides, and volatile organic compounds. The high
volume of vehicles on the roads of Delhi is another significant contributor to air
pollution. The exhaust fumes from cars and other vehicles release harmful
pollutants such as carbon monoxide, nitrogen dioxide, and particulate matter
into the air. In a recent collaboration between the Delhi government and IIT-
Kanpur, findings revealed that, vehicular emissions contributed to
approximately 38% of the capital's air pollution. Construction activities in Delhi
also play a role in air pollution. Dust and particulate matter generated from
1
China: Economic Impacts of Air Pollution in the Country
Heck, Hirschberg 2011
https://doi.org/10.1016/b978-0-444-52272-6.00415-3
construction sites contribute to the overall pollution levels in the city.
Additionally, the burning of agricultural waste, especially during the winter
months, further exacerbates the air pollution problem in Delhi.
## Consequences of Air Pollution in Delhi The consequences of air pollution in
Delhi are far-reaching and have severe impacts on public health and the
environment. The high levels of air pollution in Delhi have been linked to a
wide range of health issues, including respiratory diseases, cardiovascular
problems, and lung cancer. WHO estimates that an average Indian can lose 5.3
years due to air pollution and people in Delhi can lose as much as 11.9 years.
Exposure to high levels of air pollution can cause or exacerbate respiratory
issues such as asthma, bronchitis, and other respiratory infections. The polluted
smog that you breathe in affects you the most here in your lungs particulate
matter which has a popular short form of PM can inflame your lungs it is going
to start with severe coughing wheezing and breathlessness a long-term exposure
can lead to Chronic respiratory diseases such as asthma and chronic obstructive
pulmonary disease. In addition to the health impacts, air pollution in Delhi also
has adverse effects on the environment (Li et al., 2018)2. Air pollution also imposes
significant economic costs on society, including healthcare expenses associated
with treating pollution-related illnesses, lost productivity due to illness or
premature death, and costs related to environmental damage.
2
Fine particulate matter (PM<sub>2.5</sub>): The culprit for chronic lung diseases in China
Li, Hu, Chen, Li, Huang, Zhu, Zhou 2018 https://doi.org/10.1016/j.cdtm.2018.07.002
These practices not only help in managing crop residues without burning but
also contribute to soil health and fertility.
Now to monitor this and provide such alternatives to the farmers is the task at
hand for the administrative department. The department of agriculture and
farmers welfare should realise and ensure to educate the farmers on the harmful
causes of stubble burning and provide them with enough equipment’s to switch
to alternative methods otherwise incentivise the making of biofuel or
composting. Since it is better to invest in precautionary methods than to spend
more on the dire consequences it could have on the people’s health the funding
needs to be adequately managed and resourced.
The central government has to ensure there is a consensus between the states
around Delhi like Punjab, Haryana, UP where these agricultural practices affect
the environment. Yes Delhi cannot keep blaming the neighbouring states
entirely for the problem and needs to take immediate and effective action but
Delhi government is limited only to the territory of Delhi, hence the central
board
1) What are the key challenges and shortcomings in the current
administrative approaches to controlling pollution in Delhi, and how
have these limitations impacted the overall success of pollution
control efforts?
The CPCB has recently drafted Guidelines for Management of Consent and
Authorization which try to streamline the permitting process across the states
and stipulate consent validity periods for different categories of industry (red,
orange or green) based on their potential environmental impact. Currently, each
state sets its own rules, and consent validity periods vary between one or two
years for highly polluting industries to 15 years for SMEs.
Monitoring and inspection are a key function of SPCBs. The frequency of on-
site visits to verify compliance is determined by the pollution potential
(red/orange/green) and size (based on the value of capital investment) of the
industry. The CPCB provides guidance on the frequency of regular inspections.
3
“Research Paper on Role of Administration in Vehicular Air Pollution of Delhi NCR” (2023) Boletin de
Literatura Oral - The Literary Journal, 10(1), pp. 309–319. Available at:
https://www.boletindeliteraturaoral.com/index.php/bdlo/article/view/123 (Accessed: 10 March 2024).
However, individual states seem to have differing interpretation of the guidance
and did not regard it as binding.
SPCBs also receive administrative directions and some funding from their state
governments. This dual line of command with the CPCB can create problems,
since at times the CPCB’s proposed actions are not effectively implemented due
to a state government’s inaction or indifference.
Many urban areas in developing nations and emerging economies grapple with
elevated air pollution levels. Policymakers strive to devise solutions that
effectively address environmental and public health concerns while gaining
political acceptability among the general populace. As always, the poor are the
worst affected. They are more likely to have jobs that involve more time in
polluted open environments that, therefore, require breathing foul air; they are
more likely to use public transport systems (buses, cycling and walking) that
expose them to contaminated atmosphere; they will probably live in homes that
are more exposed to the outside air and in more congested areas that are anyway
more polluted. And, of course, when they suffer from illnesses as a result, they
are less likely to be able to access good quality medical care or the medicines
that will allow them to live with the associated morbidity with some ease.
Given the severity of the air pollution problem in Delhi, it is imperative to
implement measures to address this pressing issue. One of the key strategies is
to focus on reducing industrial emissions through the enforcement of strict
pollution control measures and the use of cleaner technologies. This can be
achieved through the implementation of stringent emission standards and
regular monitoring of industrial facilities to ensure compliance.
Unfortunately, the entire thrust of urban planning across the country is actually
to push more people into using private vehicles rather than developing public
transport or making it possible to walk or cycle. The inadequate provision for
public transport in any case forces greater dependence upon private vehicles.
Most cities and towns have developed road systems that are not just unfriendly
to pedestrians but frequently extremely dangerous and sometimes near
impossible to traverse on foot. The use of bicycles, too, is both fraught and
hazardous given the nature of other traffic on roads and the lack of dedicated
lanes for cyclists.
The Air Prevention and Control of Pollution Act of 1981 4is an innovative
legislation which lets the State regulate the standard for emission of air
pollutants. The Act empowers the State to inspect any factory and check any
control equipment and manufacturing process. It further allows the State to take
necessary steps for the control of air pollution. No industry can operate without
meeting the requirements mentioned in this act.
4
https://cpcb.nic.in/displaypdf.php?id=aG9tZS9haXItcG9sbHV0aW9uL0dTUi03MTJFLnBkZg==
It may collect, compile and publish statistical data relating to air
pollution and may also prepare manuals, codes or guides relating to
measures to combat air pollution.
It may lay down standards for the quality of air and shall perform other
functions as prescribed.
THE ACT FOR STATE GOVT ON THE OTHER HAND HAS USED
THE TERM SHALL WITH RPOVISIONS LIKE
Now the issue in Delhi is if the state regulatory board blames the stubble
burning in neighbouring states, they don’t have jurisdiction to rectify that
so it is the central board’s duty to come in and take action to see that there
is a consensus and effort from all the state govts to ensure effective
implementation of the laws and mitigate the pollution crisis.
the Delhi government has formed a Special Task Force (STF) to enforce
regulations and assist in monitoring pollution, keeping in view of the current
situation of air pollution, The six-member Special Task Force will work under
the leadership of Special Secretary Environment. But how much have they
contributed is unknown. The burden again falls on the citizens to enquire by
filing RTIs to see the reports and results of such task forces.
• advise the central government on any matter related to prevention and control
of water and air pollution and improvement of air quality;
• plan nationwide programs for the prevention, control and abatement of water
and air pollution;
• carry out and sponsor investigations and research relating to problems of water
and air pollution and for their prevention, control and abatement;
• collect, compile and publish technical data on air and water pollution and
measures recommended for their prevention, control and abatement;
Assess the quality of ambient water and air, and inspect wastewater
treatment installations, air pollution control equipment, industrial plants
or manufacturing process to evaluate their performance and to take steps
for the prevention, control and abatement of air and water pollution.
Issuance of the Consent Certificate to the Industries falling in conforming
areas under Green and Orange Categories
SPCBs have primary enforcement authority in the states, while the CPCB
performs the same functions for union territories. The SPCBs have
further delegated some enforcement responsibilities to their regional and
sub-regional offices. The CPCB’s role is to provide technical assistance
and guidance to the SPCBs and to coordinate activities among the states.
In addition, the CPCB exercises general oversight and, if a State Board
fails to comply with a CPCB direction, may temporarily assume SPCB
functions.
The administrative branch of the government works closest with the people.
They implement the laws made by the legislature. As we know, multiple
5
https://www.dpcc.delhigovt.nic.in/functions#gsc.tab=0
sources contribute to the problem, no single measure can be the answer. Sector-
specific strategies are required to control air pollution, which is driven by rapid
urbanisation, transportation, industrialisation, power generation and agricultural
activities. This can be managed only by the administration
While pollution control boards may close an offending facility or order the
withdrawal of its power or water supply, it may only impose penalties by filing
cases under the Water and Air Acts and the EPA, which may include fines
and/or imprisonment. Pursuing cases through trial and appellate courts,
however, has proven to be an ineffective enforcement response, since courts are
overburdened, procedures are cumbersome, and resources of state boards are
overstretched. Legal limitations on the use of self-monitoring data as evidence
in court and other proceedings puts an additional monitoring burden on SPCBs
and serve as a disincentive for industry to conduct accurate self-monitoring and
reporting.
Principles like Polluter Pays Principle and precautionary principles are a great
method to follow : The formulation of certain principles to develop a better
regime for protecting the environment is a remarkable achievement of judicial
review in India. According to the Polluter Pays Principle, the polluter is
accountable for repaying and repairing the harm brought by his/her activities.
The polluter has an absolute liability of hazardous and inherently dangerous
objects brought by them, and this sets a high water mark of the development of
this principle. Despite its deterrence impact, it is limited in the sense that it can
be applied only at the remedial stage i.e. after pollution has taken place.
Precautionary Principle
The Delhi High Court said that specific legislation and statutory rules that were
in place to ensure that ambient air quality was maintained were not being
followed. The Delhi High Court observed an "emergency nature" of pollution
in the national capital, criticizing non-compliance with environmental
legislation including the Environmental (Protection) Act, 1986, the Air
(Prevention and Control of Pollution) Act, 1981, and the National Capital
Regional Planning Board Act, 1985. The Court demanded the Centre to outline
actions under the latter act regarding pollution in the NCR and to devise an
action plan for construction-related environmental degradation. It noted non-
effective enforcement by the Government of the National Capital Territory of
Delhi and the Delhi Pollution Control Committee, with pollution levels far
exceeding permissible limits. The court also instructed the State government
and the municipal corporations of Delhi to publicise through radio, television
and print media that burning of leaves, garbage, plastic and rubber in the open
was prohibited. Over the last twenty years, the Supreme Court of India and
some High Courts of the states have led the way in the enforcement of
environmental laws through citizen-led public interest litigation (PIL) that has
its legal basis in the constitutional right to a healthy environment. Through this
judicial activism, the courts have issued orders with specific implementation
requirements with widespread implications for the regulatory agencies.
But at the end of the day, all the court can do is ask the administration to do its
job, which is why effective policy implementation from the administration is
what will make an actual difference in the pollution levels rather than a judge’s
orders. Even in the case of Arjun Gopal and others 6 , the petitioners sought
relief from wide-ranging issues—from the use of fireworks (including
firecrackers), harmful burning of crops and dumping of malba (construction
material), and so on—besides demanding steps required for a cleaner
environment. However, the court chose to restrict its order to granting interim
relief only in the case of fireworks.
EIA may be classified into two categories viz, the mandatory model and the
discretionary model. In the mandatory model, public participation and judicial
review are integral parts of mandatory model making it an important tool in
protecting and managing the environment. Whereas, in the discretionary model,
public participation is not allowed as a matter of routine; it is an exercise
controlled and allowed by administrative expediency and requirement.
66
https://www.livelaw.in/pdf_upload/arjun-gopal-firecracker-ban-order-403218.pdf
7
https://www.boletindeliteraturaoral.com/index.php/bdlo/article/view/123/74
stoppage of power plants in Delhi and upwind in the NCR (for example, in
Panipat) and ensuring power from the central grids; stopping all major
construction activities; and issuing advisories wherein all buildings reduce
outdoor air intake through air conditioners.
Conclusion
Delhi, as the capital city of India, grapples with the alarming issue of air
pollution, consistently ranking as one of the most polluted cities globally.
Despite implementing various measures such as restrictions on construction
activities, regulating the entry of diesel trucks, and implementing the odd-even
rule for vehicles, pollution levels remain dangerously high, leading to pervasive
smog that shrouds the city on a daily basis. While the government has taken
steps to address this pressing concern, the efficacy of these measures in
significantly reducing pollution levels remains inadequate. The gravity of the
situation is underscored by medical experts who liken the inhalation of polluted
air in Delhi to the health risks associated with smoking approximately ten
cigarettes a day. Notwithstanding the efforts made by the administration,
concerns persist regarding the detrimental impact of pollution on public health.
The right to information act should be exercised by the citizens to hold the
administration accountable in case of any discrepancies on enforcement of the
environmental regulations and laws. Right to Information Act is designed to
promote greater transparency and accountability of the government and public
participation in decision-making.
There are laws and guidelines in place, it is the effective implementation by the
government that is required. How long will they blame farmers living in the
neighbouring states for their own inaction. If the government is willing, they
can put stringent measures on industries for sticking to environmental
guidelines, a mechanism in construction sites to ensure the absorption of dust
and debris, encouraging citizens to take up public transport or carpool and use
of electric vehicles, to plant more trees etc and implement the suggestions given
by a study of IIT, such as vacuum sweeping four times a month, prohibiting the
use of coal, and replacing three-wheelers and four-wheelers with electric and
hybrid technology vehicles.