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A LEGAL STUDY ON AIR POLLUTION AND ITS FALL IN COVID-19 LOCKDOWN (By- M. Mano)
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A LEGAL STUDY ON AIR POLLUTION AND
ITS FALL IN COVID-19 LOCKDOWN
Authored By- M. Mano,
5th Year , Saveetha School Of Law
Abstract
:
Air pollution can vary from place to place depending
on industrialization, development, and population density.
There are laws that prevent and manage air pollution, but they are not very effective in controlling the
pollution in india. The solution to both indoor and outdoor air pollution is more stringent laws that
are to be implemented to lessen the pollution. Only then will people obey the rules and regulations and use
public transportation more frequently rather
than private vehicles, and only then will the air pollution be controlled. The
main cause of air pollution is
thought to be vehicles. Over the past 20 years, vehicle emissions have become a significant contributor to air
pollution in a lot of cities in india. The Air Prevention and Control of Pollution Act of 1981,
which was passed to reduce air pollution and create a pollution-free environment, is the biggest endeavour undertaken
by the Indian government. Controlling
the use of private vehicles and old vehicles that release more smoke and cause pollution can help to minimise air
pollution in India. Indoor pollution is becoming a major contributor to premature
deaths , lung conditions, and pneumonia. Due to the global pandemic, the air pollution has been reduced since all the
major working industries and vehicles
were on a break.
Keywords : air pollution , emission ,prevention , covid 19, strict
laws.
INTRODUCTION :
Air pollution has turned out to be a global threat, WHO has reported that
99% of the human race has been
inhaling poor quality air which leads to affecting the health of an individual
and it has been recorded that 11.6%
of global deaths are by lethal diseases caused by air pollution. A study from 2019 states that,
from the 30 most air polluted cities, 21 cities are from India but still India is one of the countries
which focuses on protecting and safeguarding the environment which is stated in the constitution of india(Anjum, n.d.) The Indian
air pollution
management system has developed a lot in technology . The Indian
Constitution directly states the
citizens to protect the wildlife , forest and to keep the country a pollution
free country. under the Constitution
of India directly announced the nation to protect and improve the environment and to
live in a pollution free environment. This paper is about the air pollution
made by human beings to the environment And how it has drastically reduced due to quarantine of covid 19 pandemic . The
aim of the paper is to reduce air pollution by taking necessary measures properly to reduce the pollution.
Objectives:
? To study about the fall in air pollution due to covid 19.
? To study about the laws in prevention of air pollution and its effectiveness.
? To analyse the changes to be made to the air pollution laws for control
and prevention for a better future.
Air Pollution And Its Effects :
The primary source of air pollution, it could be stated, is motor vehicles. For
the past 20 years, vehicle emissions have
grown to be a significant contributor to air pollution. 21 out of the 30 most populous cities in the world,
all of which are in India, face major health risks due to air pollution in 2019. The Air Prevention and Control of
Pollution Act of 1981, which was passed
to clean the air by reducing pollution, is the government's most significant
action. The Indian government created
a five-year strategy to cut air pollution by 20–30% in the 102 worst-affected cities by 2024. The
considerable global decline in air pollution levels has been a rare positive during the terrible
Covid-19 outbreak. One of the six major air pollutants, nitrogen dioxide (NO2), has been primarily measured
by professionals (in addition to particulate
matter, carbon monoxide, sulphur dioxide, ground-level ozone, and lead). Like most other gases, NO2 comes from both natural and anthropogenic sources.
Oceans, volcanoes, and
lightning are examples of natural sources. Natural sources of NO2 only make up a minor portion of the total NO2 levels
in metropolitan areas. Road transportation is the main contributor to NO2 emissions in metropolitan areas, which
are nearly exclusively the result of
human activity. Significant human sources of NO2 also include fossil
fuel-burning ships, power stations, and
aeroplanes. Given this, it is not surprising that NO2 levels have dramatically decreased in metropolitan
areas, particularly in India's heavily populated cities, amid the strict global lockdowns.(Sharma and Hossain, n.d.) This
paper discusses the impact of human-caused air pollution on the ecosystem
and how it has significantly decreased as a
result of the COVID 19 pandemic quarantine. Indoor air pollution Several international studies have documented, indoor air
pollution leads to 400,000–550,000 premature deaths in India from acute lower respiratory infections and chronic obstructive pulmonary disease.1
Discussion :
Vehicular pollution has become a serious problem
in Chennai , the capital
city of Tamil
Nadu. (Oecd and OECD 2014)The
pollution is more in estimated
traffic locations on the major highway at Chennai
city. Air pollution is a
national crisis . (Mukhopadhyay 2009)
Transport is the third largest contributor for the increasing rate of air pollution Chennai
ambient air quality programme says that air quality in Chennai is worse
because of vehicles (Ray and Lahiri 2010)
The city’s coastline is a blessing, the seabreeze disperse the heat and
it carries away the pollutant . (Srivastava et al. 2020)Chennai May overtake Delhi due to more vehicular
pollution, says a study by the centre for science and environment (Greenstone and Hanna 2011).
Air pollution levels have dropped significantly in India owing to the
nationwide lockdown imposed in the
wake of the Novel Coronavirus outbreak. (Srivastava et al. 2020;
Yennawar 1978)The country
has seen a massive dip in
vehicular movement and industrial activity, which
have resulted in clean and fresh air perhaps in decades.(Yasri and Wiwanitkit 2014) (Dave 1971)
NASA satellite sensors have observed aerosol levels at a 20-year low for
this time of the year in parts of
northern India. (Spears 2019)Aerosols
are tiny solid and liquid particles suspended
in the air that reduce visibility and can cause damage to human lungs
and heart, Around this time every
year, aerosols from anthropogenic sources add to air pollution levels in
several Indian cities. (Noor 2020)India’s Central
Pollution Control Board (CPCB) too has recently reported an improvement in air quality in the country.(Sharma and Hossain, n.d.;
Sarfraz, Shehzad, and Shah 2020)
CPCB data suggests
a nearly 71% fall in nitrogen dioxide
levels.Several major cities— New Delhi, Kolkata, Mumbai, Bengaluru and
Chennai — have witnessed a fall in
the Air Quality Index (AQI).The Air (Prevention and Control of Pollution) Act, 1981 (the "Air Act") is
an act to provide for the prevention, control and abatement of air pollution and for the establishment of
Boards at the Central and State levels with a view to carrying out the aforesaid purposes.) (Gautam 2020)(Venter et al., n.d.)To counter the problems
associated with air pollution, ambient air quality standards were established
under the Air Act.
(India 1994) The
Air Act seeks to combat air pollution by prohibiting the use of polluting fuels and substances, as well as by
regulating appliances that give rise to air pollution. (Reitze 2001) (Mahajan 2009) The Air Act
empowers the State Government, after consultation with the SPCBs, to declare any area or areas within the Sate as air
pollution control area or areas. (Saadat,
Rawtani, and Hussain 2020) Under the Act, establishing or operating any
industrial plant in the pollution
control area requires consent from SPCBs. SPCBs are also expected to test the air in air pollution control
areas, inspect pollution
control equipment, and manufacturing processes.(Kumari and Toshniwal 2020)
Air
Pollution Case Laws In India
:
?
Murli Deora vs. Union of
India and others, 2002
In Murli Deora vs. Union of India and others, while
prohibiting smoking in public places the Supreme Court stated that ‘‘fundamental
right under Article 21 of the Constitution
of India provides that no one shall be deprived of his life without due process
of law. In any case there is no reason to compel non-smokers to be
the helpless victims of air
pollution. Realising the gravity of the situation the Honourable Supreme
Court directed and prohibited the smoking in public places and issued
directions to the Union of India, State governments as well as the union
territory to take effective steps.2
? Delhi air pollution case: Vehicular pollution in
Delhi: writ petition (M.C.Mehta vs UOI
and ors.) This writ petition was ?led under Article 21 of the Constitution of
India regarding air pollution in
Delhi. The Petitioner challenged the inaction on the part of the Union of India, Delhi Administration (Government of National Capital Territory of Delhi) and other Authorities whereby smoke, highly toxic and other corrosive gases were allowed to pass into the air
due to which the people of Delhi were put to
high risk. During the pendency of this Writ Petition, the Honorable
Supreme Court passed several
orders/directions to deal with the situations arising from time-to-time and impressed upon the concerned
authorities to take urgent steps to tackle the acute problem of vehicular pollution in Delhi on 26.7.1998 which
include elimination of leaded petrol,
replacement of old autos, taxis and buses, construction of new Interstate Bus Terminus at entry points,
along with strengthening the air quality
monitoring.3
2.2001(8)SCC 765
3.1991 SCR (1) 866
1K.
Balakrishnan et al., Indoor air pollution associated with household fuel use in India: an exposure assessment and modeling exercise
in rural districts
of Andhra Pradesh (World Bank,Energy Sector Management Assistance
Program (ESMAP),Washington, DC, 2004)
?
Taj
Trapezium Case, Agra: Taj pollution matter:M.C.Mehta Vs
UOI and Ors. W.P.(C) No.13381/1984 This
writ Petition was ?led by Mr. M.C.Mehta,regarding pollution caused to the Taj Mahal in Agra.The sources
of air pollution were particularly iron foundries, ferro-alloys
industries, rubber processing,lime processing,
engineering, chemical industries, refractory units and automobiles especially the Mathura Re?nery
and Ferozabad bangles and glass industries. Acid rain in this area has a corroding effect on the gleaming
white marble. The Supreme Court observed that
other than chemicals, socio-economic factors too influenced the degradation of Taj. The people living in the Trapezium
Zone were at risk due to air pollution. The court ordered
292 industries to operate using safe fuels like propane
instead of coke/coal, otherwise they would have to
relocate. The Gas Authority of India Limited
was in charge of applications of gas. The court also gave few
fundamental rights to workers of
these industries and demanded payment of their wages during the time taken for relocation.
? M/s Navin Chemical
Manufacturing & Trading
Co.Ltd. initially against
two respondents namely Okhla Industrial Development Authority and M/s Detchem
Mineral Corporation In Navin Chemical Manufacturing & Trading Co.
Ltd. vs. New Okhla Industrial Development Authority the Supreme Court directed the Uttar Pradesh Pollution Control Board to inspect
the site of alleged air pollution industries
and take necessary
action against the industries that were causing
pollution by grinding stone.
Measures To Prevent Air Pollution In
India:
? Unavailability of technologies, there
should be Technological development in reducing automobile pollution.
? Creating awareness
among the public
to use public transport and to live an eco-friendly sustainable life to save
natural resources for the future generations.
? Industries should
rely on non-combustion energy resources in order to reduce the effects of air pollution.
? Laws related
to Air pollution should be implemented properly, more stringent laws should
be established to control air pollution.
? PUC certificates should be renewed
now and then to measure
the carbon footprint left by the
vehicle, in order to reduce the air contamination.
? More awareness
should be created
with regard to indoor air pollution. Indoor
air pollution and its
effects can be reduced by
keeping the place clean, proper ventilation,
Conclusion:
“ Be an imperfect environmentalist”
Every small change by an individual will result in a big change in the environment, which will have a big
impact in future. Public awareness and implementation of air pollution laws, from all the part from the research it is found that the air pollution should be reduced , India is a part of United Nations conference on human environment held in
Stockholm in June 1972 , which also includes the preservation of the quality
of the air and control of air pollution, which enacted the air ( prevention and control of pollution) Act , 1981 to reduce
the air pollution. Article 21 of the Indian constitution says that a citizen has the right to
live In a peaceful and pollution
free environment. The pollution should be reduced to save future generations from a major life threat . It
should not take a global pandemic to reduce the air pollution. More stringent laws should be implemented effectively
to reduce the air pollution and protect natural resources for the
future generations.
REFERENCES:
1. Anjum,
Naser A. n.d. “Good in The Worst: COVID-19 Restrictions and Ease in Global Air Pollution.”
https://doi.org/10.20944/preprints202004.0069.v1.
2.
Dave, J. M. 1971. “PROBLEMS OF AIR POLLUTION
CONTROL IN INDIA—A DEVELOPING COUNTRY.” Proceedings
of the Second International Clean
Air
3. Gautam,
Sneha. 2020. “COVID-19: Air Pollution Remains Low as People
Stay at Home.” Air
Quality, Atmosphere & Health.
4. Greenstone,
Michael, and Rema Hanna. 2011.
“Environmental Regulations, Air and Water Pollution, and Infant Mortality in India.” https://doi.org/10.3386/w17210.
6. Kumari, Pratima, and Durga
Toshniwal. 2020. “Impact
of Lockdown Measures
during COVID-19
on Air Quality- A Case Study of India.” International
Journal of Environmental Health Research, June, 1–8.
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2020. “Pandemic Covid 19 and Its Effects That Limiting Air Pollution: A Review.” Journal of Research on the Lepidoptera. https://doi.org/10.36872/lepi/v51i2/301150.
10. Oecd,
and OECD. 2014.
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https://doi.org/10.1787/9789264210448-table6-en.
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and Twisha Lahiri. 2010. “Health Effects of Urban Air Pollution in India.” Air Pollution.
https://doi.org/10.1201/ebk1439809624-c6.
12. Reitze, Arnold W.
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16. Spears, Dean. 2019. Air: Pollution, Climate Change and India’s Choice
Between Policy and Pretence. Harper Collins.
17. Srivastava,
Sudhakar, Amit Kumar, Kuldeep Bauddh, Alok Sagar Gautam, and Sanjeev Kumar. 2020. “21-Day Lockdown
in India Dramatically Reduced Air Pollution Indices in Lucknow
and New Delhi,
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“COVID-19
Lockdowns Cause Global
Air Pollution Declines with Implications for Public Health Risk.” https://doi.org/10.1101/2020.04.10.20060673.
19. Yasri, Sora, and Viroj
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Article Information
A LEGAL STUDY ON AIR POLLUTION AND ITS FALL IN COVID-19 LOCKDOWN (By- M. Mano)
Authors: M. Mano
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/07/15
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
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