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The Invisible Pandemic: Why India Must Declare Air Pollution A National Public Health Emergency?




Mohammad Suhaib, Department of Law, Aligarh Muslim University


ABSTRACT


As India moves through 2026, air pollution has escalated from a seasonal and localized grievance into an omnipresent public health catastrophe impacting the entire population. This article highlights the severe physiological and cognitive tolls of chronic exposure to PM2.5, which significantly reduces life expectancy and places immense strain on the nation’s healthcare infrastructure. Despite clear evidence of widespread harm, India’s current environmental frameworks remain largely reactive and institutionally understaffed, failing to address the transboundary nature of modern industrial, agricultural and municipal emissions.


To overcome these legal and administrative limitations, this paper argues for declaring a National Public Health Emergency. Formally elevating the crisis establishes a centralized command structure led by the Ministry of Health, unlocks dedicated funding mechanisms and translates the constitutional right to clean air into enforceable statutory accountability for administrative failures. Drawing on successful structural overhauls from London and Beijing, a multi-pronged strategy is proposed. This includes enacting a comprehensive ‘Clean Air & Health’ Act, transitioning to a circular agricultural economy to replace crop residue burning, accelerating electric vehicle infrastructure and phasing out inefficient coal-fired power plants. Faming clean air as an economic asset rather than a developmental burden demonstrates that a health-first paradigm will mitigate massive GDP losses from reduced labour productivity while driving sustainable job growth in the clean-tech sector.


Keywords: Air Pollution, Public Health Emergency, Environmental Legislation, Sustainable Infrastructure, Socio-Economic Productivity



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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