Dr.

Ram Manohar Lohiya National Law University

2020-2025

ENVIRONMENTAL LAW PROJECT

The Menace of Odour Pollution & the Indian Legal Framework

Anoushka Srivastava
200101027
Section-A
 The Menace of Odour Pollution & the Indian Legal Framework

Odour pollution is the presence of unpleasant and offensive odours in the

environment that can adversely affect human health and well-being. In India,
the problem of odour pollution is widespread and has been a concern for many
years. The Indian legal framework has several laws and regulations to control
and prevent odour pollution. This research paper aims to provide an overview of
odour pollution in India, the legal framework to tackle it, and the effectiveness
of these laws.

The World Health Organization has recognised odour as an air pollutant and
noted that even though odour annoyance1 “cannot be regarded as an adverse
health effect in a strict sense,” it does affect the quality of life. There has been
extensive research on the negative impact of odour on humans, with the results
ranging from mental fatigue to pathological outcomes. Odour can also affect the
economy by lowering productivity, economic activity, tourism, and house
prices.

Sources of Odour Pollution in India:

Odour pollution in India can arise from various sources, including industrial
activities, waste management, agriculture, and transportation. The following are
some of the primary sources of odour pollution in India:

1. Industrial activities - Industries such as chemical, petrochemical, and

food processing units emit foul odours that can cause health hazards to
workers and nearby people.

2. Waste management - Improper waste management practices such as open

dumping, burning, and landfills can release foul odours.

1
Who, Geneva, 2000, GUIDELINES FOR AIR QUALITY.
 3. Agriculture - The use of chemical fertilisers, pesticides, and animal
husbandry practices can also lead to the emission of unpleasant odours.

4. Transportation - Vehicles that run on diesel and petrol release toxic fumes
and odours that can be harmful to human health.

Industrial plants are a significant contributor to odour emissions, especially

those involved in environmental management, like wastewater treatment
plants and landfills. In India, odour because of an open drain nearby or a
smelly landfill outside are situations that have unfortunately become
commonplace. Even the experience of going to the Taj Mahal, India’s most
iconic tourist attraction, has been affected because of a foul smell - likened
to the smell of rotten eggs - attributed to hydrogen sulphide emitted from the
Yamuna River2.

Legal Framework for Odour Pollution Control in India:

The Indian legal framework for odour pollution control consists of various laws
and regulations at the national, state, and local levels. At present, there is no
comprehensive framework that governs odour in India. Only non-binding
guidelines exist. The following are some of the critical laws and regulations that
govern odour pollution control in India:

1. The Air (Prevention and Control of Pollution) Act, 1981 - This law aims
to prevent and control air pollution in India. It empowers the central and
state governments to take measures to control air pollution, including
odour pollution.

2. The Water (Prevention and Control of Pollution) Act, 1974 - This law
aims to prevent and control water pollution in India. It empowers the

2
Singh, . ., Paswan, ., Saha, D. et al. Role of air pollutant for deterioration of Taj Mahal by identifying corrosion
products on surface of metals. Int. J. Environ. Sci. Technol. 19, 829–838 (2022).
 central and state governments to take measures to control water pollution,
including odour pollution.

3. The Environmental Protection Act, 1986 - This law aims to protect and
improve the environment in India. It empowers the central government to
take measures to control environmental pollution, including odour
pollution.

Schedule II and Schedule VI of the Environmental (Protection) Rules,

1986 state that efforts, as much as possible, to remove odours should be
made. However, there are only two industries wherein odour removal is
mandated as per industry-specific standards and those are fermentation
and natural rubber industries.

4. The Municipal Solid Waste (Management and Handling) Rules, 2000 -

These rules regulate the management and handling of municipal solid
waste in India. They prescribe standards for the treatment and disposal of
waste to prevent the emission of odours.

5. The Bio-Medical Waste (Management and Handling) Rules, 1998 - These

rules regulate the management and handling of bio-medical waste in
India. They prescribe standards for the treatment and disposal of waste to
prevent the emission of odours.

The Central Pollution Control Board came out in 2008 with specific
guidelines on odour pollution and its control pursuant to the constitution of
an Expert Committee on Odour Pollution and its Control in 2002. The
document includes an explanation of odour and its technicalities, case
studies in India, and international legislation and regulations. The guidelines
end with a few recommendations made by the Expert Committee on Odour
Pollution and its Control, like the adoption of the report of the Expert
Committee as a guideline for odour pollution and its control. Implementing
 an accurate and acceptable odour measurement system and establishing
source-specific standards for odour emission from industries were also
recommended.

Odour then found mention in a government document in 2016 titled ‘The

Centre’s Solid Waste Management Rules’ in which it was identified as a
“public nuisance”. In 2017, the CPCB conducted its first pilot study on
Odour Monitoring in the Municipal Solid Waste (MSW) landfill site at
Ghazipur, East Delhi - the oldest landfill in Delhi - and concluded by
detailing guidelines on odour monitoring in an Urban MSW Landfill. This
study, “Odour Monitoring and Management in Urban MSW Landfill Sites”,
acknowledged that odour regulation in India is still in its nascent stages. It
also described the problem of odour as undoubtedly the most complex of all
air pollution problems.

The 2017 study identified odour monitoring challenges such as low

awareness of odour as a public nuisance and a lack of legislative obligations.
The 2008 guidelines were reiterated in the study, and the need to install
sensor-based Continuous Odour Measurement Systems like the ones that the
CPCB has already adopted for air, water and noise pollution was stressed
since legislative norms to be initiated, a baseline data needs to be created.

The CPCB newsletter in 2020 also mentioned the difficulties in developing

regulatory threshold limits for odour, like the lack of indicative compounds
within odour plumes and the dearth of odour emission measuring devices. In
2019, in the case of RWA Society vs Govt. of NCT of Delhi, the issue for
consideration before the National Green Tribunal (NGT) was remedial
action against a bad odour from the Sewage Treatment Plant, Kondli in
Delhi. Through a series of orders, the NGT directed the Delhi Jal Board
(DJB) to provide an effective odour control mechanism and take requisite
steps for odour minimisation. In July 2021, the Principal Bench of the NGT
expressed its disappointment regarding the DJB’s failure to have performed
its obligation of preventing odour at the STP. It also noted that no steps for
installing odour control systems had been taken and “merely dosing of Ferric
Chloride, Primary Thickener-A covering and some plantation can hardly be
held to be adequate steps in the matter.” These “superficial steps” were held
ineffective in the absence of an effective odour control unit. The application
was disposed of on November 12, 2021, with the order stating that the foul
smell must be remedied. Till the odour control system was installed,
effective interim arrangements were to be made for the control of odour and
compliance with standards. After the odour control system was installed, it
was to be duly assessed.

Foreign Jurisprudence

Odour emissions are clearly a cause for concern. They are a major
component of air pollution complaints and even otherwise have a significant
influence on the quality of life.

In Europe, the odour is regulated to a certain degree through the Industrial

Emissions Directive (IED) of the European Parliament. This 2010 Directive
applicable to the member-states of the European Union includes a general
framework for determining odour limits for many industrial activities.
However, since the IED is limited to governing industrial emissions only,
odour control is limited. Most countries in Europe do not have a law at the
national level regarding odour. A notable exception is Germany which
brought into force in 2021 its new Air Quality Law which finally included
odour as a parameter to evaluate Air Quality. Unlike other European odour
limits, this legislation is a general limit of odour in ambient air since it
applies to activities of all sectors and not just industrial emissions. In the
United States, the Environmental Protection Agency does not specifically
regulate odorous emissions but since it regulates pollutants, sulphur dioxide
 is the only regulated odour in the United States. However, states and local
jurisdictions have tried to regulate odours themselves. Japan has had odour
legislation at the national level for a significant amount of time now. Since
there was rapid industrial development and urbanisation in the 1970s, odour
complaints increased exponentially which meant that Japan had to enact the
‘Offensive Odour Control Law’ in 1971 and enforce it in 1972. This law
promotes odour prevention measures and regulates odours emitted by
business activities. In India, as a result of the absence of a proper legal
framework, nuisance prevention law is usually resorted, to abate odour.
Mitigating odour can be challenging in India because of the absence of a
legal framework and financial constraints. But an odour law with well-
defined compliance criteria is important and international regulations on
odour can serve as an excellent starting reference point for the Indian
Government to also develop and adopt more stringent odour regulating and
controlling policies. Uniform environmental legislation in India regarding
odour would be beneficial for industries and citizens alike since the clear-cut
rules would make compliance easier for industries and protection sounder for
citizens. And for this to become a reality in India, information about this
issue needs to be disseminated so that steps towards building and adopting
the appropriate scientific and administrative infrastructure start. This article
is my attempt at contributing towards this cause.

Effectiveness of Indian Laws for Odour Pollution Control:

Despite the existence of laws and regulations for odour pollution control in
India, their effectiveness is limited due to various reasons, such as weak
enforcement, inadequate resources, and lack of public awareness. The following
are some of the critical challenges in the effective implementation of these laws:
 1. Weak Enforcement - The enforcement of environmental laws in India is
weak due to the shortage of personnel and inadequate resources. This
makes it challenging to monitor and control odour pollution effectively.

2. Lack of Public Awareness - Many people in India are unaware of the

harmful effects of odour pollution and the need to control it. This makes
it difficult to mobilise public support for odour pollution control
measures.

3. Inadequate Infrastructure - The infrastructure for waste management,

such as landfills and treatment plants, is inadequate in many parts of
India. This makes it challenging to control odour pollution from waste.

Conclusion:

Odour pollution is a significant environmental problem in India that requires

urgent attention.