Constitutional Protection from Air Pollution: A Critical Review with Reference to the Delhi-NCR Crisis

28th November, 2024 - 9:21 am Categories: Air Pollution 0 Comments

ABSTRACT

One of the gravest environmental issues of our time is air pollution. It has an annual toll on millions of lives across the world. This is a pressing issue, more so in India, because some of the worst levels of air pollution are witnessed in the National Capital Region of Delhi. In the midst of such a catastrophe, it becomes increasingly clear that the problem of air pollution is both a matter of human rights and environment. Against this backdrop, this article examines the constitutional protections India has in relation to pollution, particularly within the right to a clean and healthy environment.

RIGHT TO SAFE, HEALTHY ENVIRONMENT WITHIN ARTICLE 21

A beacon of democratic idealism, the Constitution protects all citizens’ life and personal liberty by enshrining a number of essential rights. Article 21 being one of the prime clauses that protect these rights as follows:

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

The essence of this constitutional right is that the right to life goes beyond mere survival, and encompasses all that is needed for a decent standard of living, such as clean air, necessary for good health and well-being.

Directive Principles of State Policy (DPSP)

As specified in Article 48A of the Constitution. This clause makes it mandatory for the Indian government to take strong steps towards protecting the environment, which is directly connected to combating issues such as air pollution. Also, under Article 51A(g), every person is made obligatory to protect and develop the natural environment, which comprises of woods, lakes, rivers, and animals.

AIR POLLUTION AND ITS EFFECTS ON PUBLIC HEALTH

The most common air pollutants, which are also one of the biggest public health emergencies globally, include particulate matter (PM2.5 and PM10), nitrogen dioxide (NO2), sulfur dioxide (SO2), ozone, and carbon monoxide. Exposure to these contaminants has been linked to a host of cardiovascular and respiratory disorders, cancer, and even premature death. AQI in India reaches extremely harmful levels frequently, particularly in a city like Delhi, causing danger to public health. For Delhi-NCR, it is not just a seasonal issue but an all-season one with air pollution. The region has been witnessing an unprecedented increase in the levels of air pollution throughout the winter months, and it is not without variables like vehicle emissions, industrial pollution, stubble burning in neighbouring states, and weather patterns that trap pollutants in the sky.

[Image Sources: Shutterstock]

Delhi-NCR: The Ground Reality of Air Pollution.

The bad quality of air in Delhi-NCR has always been an issue, especially in the winter when it gets worse. Delhi is among the world’s most polluted cities, according to data from the World Health Organization (WHO).

1. Stubble Burning: Every year, thousands of agricultural wastes are burnt by the farmers in neighbouring states such as Punjab and Haryana, which throws a lot of smoke and particulate matters into the atmosphere. Although the government has taken numerous steps to reduce it, stubble burning remains to be one of the major polluters in Delhi, mostly during October and November when the harvest season is at full throttle.
2. Automobile Pollution: Delhi is also responsible for air pollution due to the ever-increasing population of this city and increased vehicular traffic. With more than 10 million vehicles running on its roads, it has one of the worst rates of vehicle pollution in the country.

3.Industrial Pollution: Many companies and small-scale industries in and around Delhi emit pollutants such as sulphur dioxide, nitrogen oxides, and particulate matter into the atmosphere, which adds up to the deadly haze of pollution that covers the entire city.

4.Building and Dust Pollution: Humongous amounts of dust are generated by these major building activities, primarily by the infrastructure development going in Delhi-NCR, thus adding to the high particulate matter content in the air.

Delhi’s air quality has worsened because of these and other reasons, with the lax enforcement of measures to check pollution, making it one of the most polluted metropolitan centers around the world.

GOVERNMENT RESPONSES: JUDICIAL INTERVENTIONS AND LEGISLATIVE ACTIONS

The federal and state governments have undertaken a series of initiatives to address air pollution in Delhi-NCR. The Supreme Court has been actively involved in monitoring these initiatives through judicial interventions. The most important actions include:

1.Graded response action plan (Grap): The Central Pollution Control Board, along with the state government of Delhi, developed a graded response action plan to counter air pollution at its different levels of severity. This includes closing schools and limiting building, besides introducing the Odd-Even scheme to curtail vehicle emission.

2. Odd-Even Rule: The Delhi government has been implementing the Odd-Even vehicle rationing program, wherein on some days, vehicles with odd license plates are allowed and on others with even-numbered plates are allowed. This is an effort to reduce the emissions by vehicles, which is one of the major causes of pollution.

3.Commission for Air Quality Management (CAQM): The national government established CAQM in 2020. The commission is tasked with supervising the control of air quality in Delhi-NCR and has the mandate to enforce and implement policies that bring down pollution in the region.

THE WAY FORWARD: ACTION IN ALL DIMENSIONS FOR A CLEAN FUTURE

Delhi-NCR needs a simultaneous attack to keep air pollution problem in check. While having the legal recourse has been vital in securing the rights of the residents to a healthy environment, the people and the government need to come together for a sustainable solution. Here are a few key steps that could lead to better air quality:

1. Take More Stringent Enforcement Mechanisms. The government must enforce air pollution regulations, especially those on building construction, vehicle emissions and industrial emissions, with an iron fist and to monitor its implementation.”
2. Promote Cleaner Technology and Energy. Pollution levels can significantly drop by using renewable energy sources, among other things, and implementing clean technology in transportation and industries. The government should provide incentives in the use of renewable energy and electrical cars.
3. Public Participation and Awareness: The public needs to be informed of the harmful effects of air pollution, and they need to be encouraged to adopt greener practices such as using public transport, reducing firecrackers, and decreasing car emissions.
4. Better Coordination Among Agencies: To implement the measures for controlling pollution effectively, there needs to be coordination between state and federal government agencies, local governments, and other non-governmental organizations.

CONCLUSION

“In the Constitution, Article 21 is one of the important weapons that ensures people have the right to live in a healthy environment,” by guarding against air pollution. This would be a serious threat to this right in Delhi-NCR as air pollution poses danger there. While court actions have played a vital role in holding the government accountable, the situation can only be resolved through all sections of society that would take comprehensive and long-term action.

To reduce pollution and save the right to clean air and a healthy life, the people and the government have to cooperate to implement laws, technology and practices together.

Author: Harsh Jain, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at Khurana & Khurana, Advocates and IP Attorney.

REFRENCES

1. https://www.nonhumanjournal.com/
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3. https://www.researchgate.net/publication/328229186_Air_pollution_in_Delhi_A_review_of_past_and_current_policy_approaches
4. https://www.thehindu.com/news/cities/Delhi/supreme-court-40-year-quest-clean-delhis-toxic-air-why-it-falls-short-explained/article68899695.ece
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6. https://www.indianbarassociation.org/wp-content/uploads/2013/02/environmental-law-article.pdf