Supreme Court reminds the states of their duty to to combat air pollution

In the wake of rising air pollution levels in the Delhi-NCR region, last week, the Supreme Court of India emphasised the duty of the Centre and state governments to ensure that the citizens are able to live in a pollution free environment. The court, on a petition regarding the alarming Air Quality Index (AQI) in the National Capital Region (NCR) states, directed them to implement and strictly enforce restrictions under the Graded Response Action Plan (GRAP).  .

The Supreme Court mandated that these restrictions should continue to be in place even if there is a reduction in AQI. These measures include restricting industrial operations, construction activities, and vehicle use to curb pollution.

Let’s understand what are the rights of Indian citizens when it comes to a pollution free environment. 

Understanding Air Pollution Laws and Remedies in India

Several Supreme Court judgments, including the current one, have emphasised that the right to clean air is a fundamental right under Article 21 of the Indian Constitution which guarantees the right to life and personal liberty.

The Air (Prevention and Control) Act, 1981 and the Air (Prevention and Control of Pollution) Rules, 1982 and the Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983 are the important laws which outline the steps for controlling, monitoring and abating air pollution. They also establish authorities, which are responsible for implementing these steps. 

Authorities Under Air Pollution Laws

India’s framework for addressing air pollution empowers  multiple authorities to combat air pollution.. The Central Pollution Control Board (CPCB) advises the central governments about setting air quality standards, and monitoring compliance. The State Pollution Control Boards (SPCBs) oversee the operation of industrial plants, ensuring compliance with emission norms. They have the authority to close or penalise non-compliant establishments within the respective states. 

In Union Territories, Pollution Control Committees (PCCs), such as the Delhi Pollution Control Committee (DPCC), execute similar functions.

1.Central Pollution Control Board (CPCB): 

• Advises the Central Government on air pollution prevention and control.
• Sets ambient air quality standards and monitors compliance under the National Air Quality Monitoring Programme (NAMP).
• Operates a complaint portal for air pollution grievances, especially in Delhi-NCR.

2.State Pollution Control Boards (SPCBs):

• Approve or deny operations of industrial plants based on compliance with pollution norms within the concerned state.
• Inspect premises, collect emission samples, and initiate closure of non-compliant establishments in the state under the Air (Prevention and Control of Pollution) Act, 1981

3.Pollution Control Committees (PCCs):

• Perform functions similar to SPCB in Union Territories, such as the Delhi Pollution Control Committee (DPCC).

Complaint mechanisms

Citizens can register complaints related to air pollution through several channels. 

• Complaints with the police under section 268 of the Indian Penal Code, now covered under section 270 of the Bharatiya Naya Sanhita (BNS) for public nuisance, which refers to interfering with public peace, affecting life or property. Air pollution is held as a public nuisance offence given its impact on public health and life;
•  or with District Magistrates under Section 133 of the Code of Criminal Procedure (same under Bharatiya Nagarik Suraksha Sanhita), which empowers them to order the removal of pollution- causing activities;
•  or with the National Green Tribunal (NGT), which handles environmental disputes and has the authority to issue interim orders, grant relief and compensation, and order environmental restoration under the National Green Tribunal Act, 2010. The NGT also provides a platform for individuals, NGOs, and governments to address substantial questions related to environmental law.

National Air Quality Monitoring Programme (NAMP)

A key initiative by CPCB, the NAMP monitors air quality across 29 states and 6 union territories. It tracks major pollutants like Sulphur Dioxide, Nitrogen Oxides etc. and identifies “non-attainment cities” that fail to meet air quality standards over five years. This data aids in formulating targeted pollution control measures.

What are the GARP, Stage 4 directions?

In this case, the Court mandated that states should implement GARP, stage 4 measures. The states have also been asked to share their response regarding the status of implementation of the fire cracker ban by November 25. Some of the specific directions to the governments under GARP, Stage 4 are : 

1. Immediate Action by States: Delhi-NCR states were ordered to form enforcement teams to ensure compliance with pollution control measures.
2. Suspending Physical Classes in Schools: Authorities were asked to decide on halting in-person classes up to Class 12 to minimise health risks.
3. Improved Data Collection: Addressing gaps in tracking stubble burning, the court instructed the Centre to utilise stationary satellites for more comprehensive monitoring.
4. Establish grievance redressal mechanism : Create grievance redressal portals to enable citizens to complain if there is a violation of the GARP measures. 

To know more details about India’s Air Pollution Control Laws, read our explainer here.