Air Pollution Regulation In India: Legal Framework Challenges, And Reforms
- IJLLR Journal
- 11 minutes ago
- 1 min read
Sarthak Das, Birla Global University, Gothaptna, Bhubaneswar
ABSTRACT
Air pollution has become one of India's major environmental and public health problems, with major cities consistently ranked among the worst in the world in terms of pollution. Despite having a relatively robust legal and regulatory framework dealing with air quality management, primarily in the form of the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986 and various rules, regulations and notifications laid down thereunder, implementation gaps remain that adversely impact effective air quality management. The present paper seeks to analyse India's legal framework applicable to air pollution, including statutory provisions, regulatory agencies and the growing role of the judiciary, especially the National Green Tribunal. The paper brings to light significant issues of weak enforcement, poor monitoring infrastructure, industrial non-adherence, vehicular pollution, stubble burning, lack of inter- state co-ordination and the like. The paper further analyses, in detail, landmark Supreme Court and NGT judgments which have influenced India's jurisprudence on air pollution. The paper ends by proposing reforms in the form of stronger enforcement, improved air quality monitoring stricter pollution standards, the adoption of clean energy technologies and better governance based on the principle of co- operative federalism. The paper concludes by urging that while the legal foundation in India is strong, the political will, scientific capacity and policy integration across sectors required to achieve clean air will have to be managed.
