Table of Content 💻
Introduction
Clean and healthy air to everyone is a basic and fundamental right promised to every citizen of the Country. Air pollution has been a matter of concern for ages, but in the recent couple of decades, it is worse than ever. More than enough damage has been done to the air quality. In India, there are hardly any cities left which have the air quality as per the standards and guidelines laid down by the WHO.
It is high time now to take strict actions which are not only drafted but also implemented. Various programs and policies are framed every few years but the improvement is marginal. Through the years, policies are only either made on a central basis or for big metropolitan cities. However, even the smaller and rural areas are equally affected by the bad air quality.
Air pollution affects pregnancy and has significantly led to lesser life expectancy and many other losses in India and nearby South Asian countries, in fact, it accounted for about 17.8% of deaths estimated for 2019 according to ‘The global burden of disease study’. According to WHO, around 90% of the population inhales air that contains high levels of pollutants and which exceeds the standard air quality guidelines.
Apparently, the situation is worse for the less developed and lower to middle income countries which suffer through higher exposures. However, even after various regulations, boards and legislations, the air pollution in India has not been decreased to the necessary levels. Even the least polluted cities in India are exceeding the guidelines laid down by the health organizations.
Air Quality in India
As per the data collected by the IQAir, out of the world’s five most polluted cities in 2022, Bhiwadi and Delhi took the third and fourth spot respectively. In a historical data collected from 2017-2021 by IQAirof the world's most polluted cities, 4 out of top 5 are Indian. Out of the top 50 most polluted cities, 35 belong to India. In another such data collection, it has been revealed that India itself stands 5th on the most polluted countries’ list exceeding over 10 times the prescribed Air quality standard by World Health Organization. The atrociousness of the situation doesn’t even end here, because the cleanest Indian city so far in 2021 had moderate air quality exceeding around 2.5 times the prescribed guidelines by WHO.
Even when the situation is out of control, the present air acts and policies are basically ‘toothless’ as close to zero cases have been filed under the Air Act, though the pollution has been the worst that could have been ever. There is an urgent necessity of effective measures to curb the rising air pollution of the Indian cities. The Government of India may have enacted various policies and programs for pollution control but the effectiveness and results are questionable.
Impact of Air Pollution
Air pollution has a lethal effect on the Ecosystem, Biodiversity, Buildings, Monuments and much greater to Human health. Ground air pollution has a significant impact on the terrestrial ecosystem. In both animals and humans, the negative effects include breathing and pulmonary disorders. Alkalinity of lakes, algae blooms, and mercury concentration in aquatic food are all effects here on marine ecosystems. Pollution oxidizes and wets SO2 and NOX emissions, causing acid rain. As a result of SOX emissions from enterprises and acid rain, India's white-marble Taj Mahal is turning yellow. Charminar in Hyderabad is turning black due to air pollution. The erosion of heritage zones is a concern.
Poor air quality as well as high pollution poses health risks for residents. Such negative effects can cause minor and fatal respiratory disorders found that global studies had similar conclusions about pollution impact on humans. The impact of air pollution is known to all, it has been included in school curriculum, broadcasted through advertisements and more. However, these agendas seem to have done no good. This is because the quality of air has been degraded even more every passing year and that too at a rapid pace.
Legislations in India and their effectiveness
India has its fair share of air regulations and Acts, however, their implementation and effectiveness lack far behind the problem today. The Air (Prevention and Control of Pollution) Act, 1981 was the first act enacted with the objective to prevent, control and eliminate air pollution. Later, the Environment (Protection) Act, 1986 was enforced. Consequently, the Ozone Depleting Substances (Regulation and Control) Rules, 2000, regulates the monitoring and reporting, prohibition import, export and sale of products containing ozone depleting substances.
The Ministry of Environment and Forest (MoEF) has established an Ozone cell which is responsible for phasing all sorts of ozone depleting substances. Other acts such as the Motor Vehicles Act, 1988 which controlled the emissions and exhaust from vehicles were also implemented. In addition, The Municipal Solid Waste (Management and Handling) Rules, 2000, a mandatory installation of landfill gas control system and ambient air quality monitoring was also implemented.
Apart from Delhi's clean air plan, which was partially notified for implementation by the Supreme Court of India in January 2018, no other clean air plan has a legal mandate for implementation. The CPCB (Central Pollution Control Board) approved the plans and directed the SPCBs (State Pollution Control Board) to carry them out, but without a mandated timeline for implementation, any failure or delay in carrying them out cannot be questioned. It is critical to note that it was not the NCAP but rather an NGT order that mandated the preparation of the clean air plans (NGT 2018). This stems from the fact that the NCAP is itself a program that cannot legally bind cities to draught clean air plans.
The National Clean Air Program was launched in 2019, and three years later, there has been only a marginal decrease in the air pollution levels. In accordance with the NCAP, 114 cities received a total of Rs 375.44 crore from 2018–19 to 2020–21, while 82 cities received a total of Rs 290 crore for 2021–2022. 700 crore rupees have been set out for the initiative between 2021 and 2026.
Many cities observed an evident reduction in pollution such as Varanasi which experienced the greatest reduction in air pollution among the non-attainment cities, according to the NCAP Tracker research, despite still being one of the most polluted cities.
However, the majority of states have underutilized the allocated money, according to data recently given in the NCAP's National Apex Committee and analyzed by the NCAP Tracker.
Only two states—Bihar and Chandigarh—used 76% and 81% of the money for NCAP, respectively. The state of Uttar Pradesh, which is home to many of India's most polluted towns, used 16% of the Rs 60 crores allotted to them.
Conclusion and Suggestions: Need of the Hour
In the United States, state implementation plans (SIPs) are considered the backbone of efforts to attain better air quality. The United States Clean Air Act requires a general plan for all areas of the country and specific plans for all non-attainment areas. Similarly, the EU Ambient Air Quality Directives (AAQDs) oblige EU member states to divide their territories into zones and agglomerations for the purposes of air quality assessment and management. Air quality assessment and management should be carried out in all zones and agglomerations, and each zone and agglomeration should be classified in relation to the assessment thresholds for ambient concentrations of sulphur dioxide (SO2), nitrogen dioxide (NO2) or nitrogen oxides (NOx), particulate matter (PM10, PM2.5), lead, and benzene or carbon monoxide, as specified in the AAQDs. The above cases from the USA and the EU demonstrate that non-attainment regions are legally mandated to frame clean air plans for regions that exceed national air quality standards. This legal binding is currently—and sorely—missing from India’s air quality management framework.
The Air (Prevention and Control of Pollution) Act, 1981 shall include a periodic plan update. There should be an inspection committee set up for small cities as well, in order to improve the air quality. Unlike countries like the US and Europe, there is no legal requirement to update and improve the air regulations in India. Even the municipal clean air action plans in India were directed by the National Green Tribunal in a ruling. However, measures to control pollution call for interdepartmental coordination, which could lead to overlapping duties and fragmented accountability.
As a result, agencies should be given specific tasks for each measure. Every department shall have their field of expertise and matters to deal with. Hence, the plans should suggest an inter-city, cross-state cooperative mechanism for ensuring that regional causes are addressed. The focus should be to improve the air quality of the whole India which can be done only when states and cities cooperate with each other in improving air quality and eliminating pollution.
Frequently Asked Questions
Q1) What are the standards for the Air Quality Index in India?
A1) Air Quality Index (AQI) has been categorised into 6 levels, they are:
AQI Range | Category |
0 to 50 | Good |
51 to 100 | Satisfactory |
101 to 200 | Moderate |
201 to 300 | Poor |
301 to 400 | Very Poor |
401 to 500 | Severe |
Q2) Who developed the Air Quality standards for India?
A2) Central Pollution Control Board (CPCB) has developed the Air Quality Index in consultation with IIT-Kanpur and air quality-professionals and experts.
Q3) What happens when the Air Quality Index (AQI) is over 500?
A3) An AQI of over 500 is considered as “Severe plus” or “hazardous”. It essentially implies that maximum damage has been done to the air and now there is no going back.
Q4) What are the main functions of the Central Pollution Control Board of India (CPCB)?
A4) The main functions of the CPCB includes:
Advising the Central Government
Coordination with State Pollution Control Boards (SPCBs)
Training Programs
Research and Investigation
Setting Standards
Monitoring, Collection and Data Publication
Q5) What are the main functions of the National Green Tribunal (NGT)?
A5) The main functions of the NGT include:
Primary Tribunal for Environmental Cases
Fast-Tracking Environmental Justice
Promoting Sustainable Development
Ensuring Compliance of its orders
This Article is written by Tejaswini Rastogi, a 5-year B.A.LLB graduate student from Banasthali Vidyapith, Jaipur.
Follow our legal journey on our social media and keep learning.
Comments