Legislative Measures and Control of Air Pollution – its

Retrospective and Prospective effect

Improving air quality is key to tackling the triple planetary crisis of climate change, biodiversity
loss, and pollution and waste. Yet, air quality continues to collapse despite the increase in laws
and regulations seeking to address air pollution. This global assessment of air quality legislation
in 194 States and the European Union seeks to provide insights into this pressing concern. The
study reveals that 31 percent of countries are yet to adopt ambient air quality standards (AAQS),
even as the legal mandate to adopt such standards exists, and that 43 percent of countries lack a
legal definition for air pollution. In addition, monitoring mechanisms in national air quality
management systems, which are critical for us to understand just how air quality affects national
populations, are not a legal requirement in 37 per cent of countries. It also reveals that only one
third of countries have legal mechanisms for managing or addressing transboundary air
pollution, even though air pollution knows no borders. Lack of enforcement capacity as a key
reason for the poor implementation of air quality laws.

Introduction

The importance of clean and pure air is known to all is very essential for the life of an individual.
Air is the most vital component of the biosphere without which no living organism can survive.
It is this urge for survival which leads us to trace the various sources of air pollutants.
Air pollution is a major threat and a matter of greatest concern in the world today. The industrial
growth,vehicular movements and fast urbanizing trends in the society have affected the nature's
equilibrium. The ratio of the gases in the environment are not in appropriate proportion. The
alarming situation may be referred to the increasing ratio of Carbon dioxide in the environment.
Air is one of the most important constituents of environment. It is calculated that a man breathes
about. 22,000 times a day inhaling about 16 Kg of air by Weight. Therefore clean and pure air is
very essential for his health and survival. Any changes in the normal composition of the air
either quantitative or qualitative that may affect adversely the living system, particularly the
human life inevitably because air pollution. Air pollution damage to property is a very important
economic aspect of pollution. Air pollution damage to property covers a wide range corrosion of
metals, soiling and eroding of building surfaces, fading of dyed materials, rubber cracking.
Law has played an effective role in controlling and regulating the human conduct. The present
work looks into the aspect of the legislative measures which have been taken to the control of air
pollution. Since law is something which is evolved to solve problems. The study analyses the
development of law for prevention of air pollution. There is an attempt to trace laws relating to
the control of air pollution from the common law principles till this date. It also attempts to study
how far these laws are effective in controlling air pollution.

Definition
'Air Pollution' is defined to mean any solid, liquid or gaseous substances (including noise
present in the atmosphere in such concentration as may be or tend to be injurious to human
beings or other living creatures or plants or property or environment. Section 2(b) defines 'air
pollutant' as it means the presence in the atmosphere of any air pollutant. (Prevention and
Control of Pollution) Act 1981. Air pollution is the contamination of air by discharge of harmful
substances. Air pollution can cause health problems including eyes and nose; itchy irritated
throat and breathing problems. Some chemicals found in polluted. air can cause cancer, birth
defects, brain ;rnd nerve damage~ and long-term injury to the lungs and breathing passages in
certain circumstances. Above certain concentrations and durations certain air pollutants are
extremely. dangerous and can cause severe injury or death. It can also damage the property,
trees, lakes and animals.
Air pollution has also lined the protective ozone layer above the earth. The bluish-green layer of
ozone if disappeared, then all life on earth would disappear and the sun's ultraviolet rays would
sterilize the surface of the globe, annihilating all terrestrial life. The major air pollutants are
Carbon Monoxide (CO), Carbon Dioxide · (C02), Chlorofluorocarbons (CFC) Lead (Ph),
Nitrogen Oxide (N02), Sulfur Dioxide (S02), Hazardous Air Pollutants, Particulate. Matter and
Volatile Organic Compounds (VOC3). Carbon monoxide, carbon dioxide and nitrogen oxide are
produced by the incomplete burning of carbon-based fuels, including gasoline, oil and wood.

Legislative Measures Taken by India

The first serious attempt for the protection of environment at the global level was made through
Stockholm Declaration in 1972. The Declaration carried the environmental issues from local to
world sphere. It is a Magna Carta on human environment. After the Conference, nations
throughout the world started giving priorities to laws by way of their legislative agenda. India to
a stand to make laws relating to control and prevention of pollution. Provisions were
incorporated in Constitution in the 44th Constitutional Amendment Act in view of Stockholm
Conference. This brought into existence the newly added Articles, Article 48-A and Article 51-
A.  Articles 48A and 51A (g) of the Constitution of India, talk about the protection and
improvement of the environment. Article 48A lays it down as a duty of the State whereas Article
51A (g) lays it down as a duty of the citizens. Various Acts related to a specific type of pollution
have been passed such as the Air Act, 1981,Water Act, 1974, and the Wildlife Protection Act,
1972.. The Air Act a Central legislation was passed by the Parliament under Article 253 of the
Constitution of India regarding the decision taken at the Stockholm Conference on Human
Environment in June 1972. The Parliament through Articles 51, 253 and Entry 13 of List I of
Indian · Constitution has passed the law. Article 253 of the Constitution empowers Parliament to
make laws implementing lndia's international obligation or agreements.
Article 51 provides for states endeavour to-
(a) Promote international peace and security
(b) Maintain just and honourable relation between nations and;
(c) Foster respect for international law and treaty obligations in the dealings of organized
peoples with one another and
(d) Encourage settlement of international dispute by arbitration.
Entry 13 of the Union List covers Participation in International Conference, association and
other bodies and implementing of decisions made in treaties The Air Act was therefore enacted
by the Parliament by using its powers under Article 253 read with entry 13 of the Union List.

Special provisions
India has made some special legislations relating to prevent air pollution.
1] The Air (Prevention and Control of Pollution) Act 1981 and Rules.
2] The Environment (Protection) Act, 1986 and Rules.
3] The Motor Vehicles Act, 1988 and Rules.

1] The Air (Prevention and Control of Pollution) Act 1981 and Rules.

It is also comprehensive legislation with more than fifty sections. It makes provisions interalia
for Central and State Boards power to declare pollution control areas, restrictions on certain
industrial units, authority of the Boards to limit emission of air pollutants, power of entry
inspection, taking samples and analysis, penalties, offences by companies and Government. The
act particularly aims at providing prevention and control of air pollution, for the establishment of
central and state boards and giving to the Boards the power to implement and functions
according to the provisions of the act. Both Central and State Board lay down the standards for
the quality of air and they have power to advice government on matters relating to air pollution.
Whoever contravenes any of the provisions of the Act or any order or direction issued is
punishable with imprisonment for a term which may extend to three months or with a fine of
Rs.10,000 or with both, and in case of continuing offence with an additional fine which may
extend to Rs 5,000 for every day during which such contravention continues after conviction for
the first time.

2] The Environment (Protection) Act, 1986 and Rules

The most important statute is the Environmental Protection Act, 1986, as it is the general
legislation for the protection of the environment and improvement of environmental resources. It
provides for a framework that aids the coordination between the state and central authorities
established under previous environmental laws.

3] Motor vehicle act,1988 and rules

It is authorized the central government and state governments to further regulate and The Motor
Vehicles Act of 1988 established vehicular emission standards and enforce them.

Other provisions
The various laws have direct and indirect relation with control of air pollution. They are
explained as follows

INDIAN PENAL CODE, 1860

The Penal Code chapter 14 (sections 268 to 294A) deals with public nuisance, i.e., the offences
relating to public health, safety, convenience, decency and morals. The offence constituted by
section 278 Indian Penal Code is making atmosphere noxious to health. This section applies to
trade producing noxious and offensive smells such as making candle in a town by boiling
stinking stuff a manufactory for making spirits of Sulphur, vitriol and aquaforfortis. Public
smoking of tobacco in any form cigarettes, cigars, beedis or otherwise falls within the mischief
of the penal provisions relating to 'public nuisance' and held illegal, unconstitutional and
violative of Article 21 of the Constitution.

THE CRIMINAL PROCDURE CODE,1973

Chapter X-B and C of the Criminal Procedure Code 1973, deals· with the procedural aspect of
the problems of public nuisance. Wherein the problem of air may be covered to some extent.
Section 133 of the Criminal Procedure Code 1973 is also invoked for the control of air pollution.

 Petroleum and Natural Gas Rules (PNGR), 2002

 List specific guidelines to be followed for the importation and/or refinement of fuel in India, and
the transport of fuel within the country.

 Petroleum and Natural Gas Regulatory Board Act, 2006

 Created the Petroleum and Natural Gas Regulatory Board (PNGRB), under MoPNG, and is
responsible for ensuring fuel quality standards, from import or production through retail sales.
PNGRB is charged with ensuring that the PNGR are followed. The PNGRB is also authorized to
resolve all disputes that may arise among producers, transporters, retailers, and consumers over
fuel related issues and has legal authority to enforce fuel quality standards at retail outlets.

Conclusion
We are currently going through a rapid change where machinery advancements are going faster. .
It has been evidenced by increasing pollution, the loss of biodiversity, loss of pure air , growing
risks of environmental accidents and also the harmful chemicals in the ambient atmosphere has
possessed a threat to the environment. Due to its growing risks, various legislations are being
propounded by the government. To control air pollution proper planning and zoning of industrial
areas and residential areas can play an important role. The provisions of act relating to air
pollution must incorporate some person to look into proper coordination and also to provide
more deterrent penalty for polluting air by vehicular exhaust. The Hot Mix Plant case gives an
the impression that the Court here has tried to balance the environmental problem with the
necessity of running an International Airport in the Capital of India In doing so the Supreme
Court has also directed that the Hot Mix Plant set up by a company shall be examined by Central
Pollution Board that the main opposition was from M.C.Mehta It may be suggested here that
there should be certain monitoring agencies to vigilate on the reports submitted by the Board.
Environmental laws are many In spite of so many laws, the implementation process is moving at
snail's pace. One of the surest ways of controlling and monitoring pollution would be to give
powers to workers to stop Plant if emission levels cross the prescribed limits. The Clean Air Act
of USA provides for this. The number of air quality monitoring stations compared to the gravity
of pollution is less. Therefore, the number of air quality monitoring stations should be increased
to a substantial extent. The air quality monitoring in India has selective approach towards certain
areas, this approach is required to be changed and a comprehensive national survey should be
made to evaluate air pollution in India.