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What are the rights a person has under this law?

Last updated on Jun 21, 2022

The right to healthy environment1 for all persons is a part of the Right to Life guaranteed by Article 21 of the Constitution of India. This includes the right to pollution free water23.  People have a right to seek remedy for anything which endangers or impairs the quality of life under Article 21 i.e., interferes with the clean water or pollutes water, in violation of the laws,  under Article 32 of the Constitution4.

Article 48A and Article 51A(g) of the Constitution of India, place a duty on the State as well as every citizen of India to improve and protect the environment including rivers and lakes from pollution.

  1. Rural Litigation and Entitlement Kendra v. State of U.P, (1985) 2 SCC 431 : AIR 1985 SC 652.[↩]
  2. A.P. Pollution Control Board v. M.V. Nayadu II, (1999) 2 SCC 247 : AIR 1999 SC 912; Mrs. Susetha v. State of T.N., (2006) 6 SCC 543; Narmada Bachao Andolan v. Union of India, (2000) 10 SCC 664; Subhash Kumar v. State of Bihar, (1991) 1 SCC 598 : AIR 1991 SC 420.[↩]
  3. T. Damodhar Rao v. S.O. Municipal Board, AIR 1987 AP 171; Chhetriya Pradushan Mukti Sangarsh Samiti v. State of U.P., (1990) 4 SCC 449 : AIR 1990 SC 2060; T.N. Godavarnam Thirumalpad v. Union of India, (2002) 10 SCC 606.[↩]
  4. Subhash Kumar v. State of Bihar , AIR 1991 SC 420.[↩]

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What are the offences and punishments under air pollution laws?

The offences include releasing of harmful pollutants  into the environment, violation of Pollution Under Control Certificate, etc. 

What is water pollution?

Water pollution is changing of the physical, chemical or biological properties of water or the emission of sewage or industrial discharge.

Who are the authorities regulating water pollution under the law?

The main authorities for the purposes of regulating water pollution are the Central and State Pollution control boards.

Who can you complain to about a grievance under air pollution law?

You can complain to the Police, Central and State Pollution Control Boards, Courts and the National Green Tribunal.

What is the responsibility of industries to prevent water pollution?

The Central Pollution Control Board and the State Pollution Control Boards fix industry specific standards on water pollution.

What is Air Pollution?

Air pollution is the presence of dust, fumes, gas, mist, odor, smoke or vapour, in the atmosphere, in quantities that can cause injury to human, plant or animal life or harm the environment.