Open Access Research Article

WHY WE NEED THE CLEAN AIR ACT IN INDIA?

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K. AASHIKA
Journal IJLRA
ISSN 2582-6433
Published 2024/04/01
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WHY WE NEED THE CLEAN AIR ACT IN INDIA?
AUTHORED BY - K. AASHIKA
 
1.     INTRODUCTION
WHY WE NEED THE CLEAN AIR ACT IN INDIA?
Air pollution has become a major crisis in India. India has proved through many legislations how much Environmental resource protection are important for human health, development and sustainability. We must remain harmony to focus on sustain needs. The air (prevention and control of pollution) act came into force on 1981, at that time there was only the need for environmental protection on basis of few categories that were identified to cause pollution. In Current situation, the pollutants are far more versatile and causes much more danger not only to the human health but also to the socio economic development. Hence, this study provides the lack of legislation needed to prevent further air pollution from sources that are to be added. And our right to clean air as a legal right. And the necessity for it to be both substantive and procedural right.
 
2.     RESEARCH PROBLEM
A.    The problem the author dealt in this study is the non-inclusion of various air pollutants. Theses particulate matters are left unattended. They include dust, greenhouse gas emissions, etc. Hence in this paper we study the various pollutants and the necessity for the integration of clean air into our system of law.
B.     The author studies the liability and obligations of the state in dealing with the right to clean air and the ambiguity in defining this right.
C.      The problem is the unclear functioning of air act 1981 and the national clean air program. Hence the act and program are yet to comply with the the object of the act.
 
3.     OBJECT OF THE STUDY
a.       To study and analyze the necessity for integrating the clean air provision into the existing legal system.
b.      To study the existing legal framework dealing with the obligations of the state to provide right to clean air.
c.       To study the efficiency of the national clean air program and the air act 1981 efficient
4.     RESEARCH ISSSUE
A.    What is the necessity for integrating the clean air provision into existing legal system
B.     Whether there is clear obligation of the state to provide the right to clean air.
C.     Whether the functioning of national clean air program and the air act 1981 efficient
 
5.     REVIEW OF LITERATURE
Before embarking upon my paper, it is essential to review articles pertinent to my study.
ARTICLE AIRING ‘CLEAN AIR’ IN CLEAN INDIA MISSION BY T. BANERJEE, M. KUMAR AND R.K. MALL[1]
The author gives introduction about the “swatch barat mission”. It aimed to achieve the clean India mission by the year 2019. The entire camping was supported by students, environmental activists, celebrities etc. They conducted awareness campaigns about environmental development, cleaning streets and roads, teaching healthy sanitation practices, household sanitation, constructing sanitary latrines for the poor. The author identified the pollutants to be from the anthropogenic emissions and speaks about the public health, environmental sustainability, and necessity of climatic adaptation and mitigation policies. I accept the view of this author except my only comment on it would be that as he proposed many pollutants and the negligent aspect, he doesn’t really express the concern of poor people to afford the energy sources. He fails to balance the economic aspect with environment.
 
ARTICLE CONCEPTUAL PROBLEMS OF THE RIGHT TO BREATHE CLEAN AIR BY SAVA JANKOVIC [2]
The study envisages the importance of environmental law in the society. The rights of the agencies to be provided with the authority to act sustainably and to seek justice. Then only society will regard the environmental law as a measure to seek justice. Speaks about atmospheric trust theory and responsibility of the state to conduct public report on air quality, action plan and environmental standards. I accept his view, my comment on this article would be that it fails to express about the enforceability of right as an autonomous power and not to only concentrate its balance with sustainability.
6.     METHODOLOGY OF THE STUDY
The research attempts a doctrinal study. The author made use of both primary and the secondary sources available on the subject. The primary sources used are the air (prevention and control) act 1981 and the secondary sources includes books, journals, and mass media sources. The author used analytical method.
 
THESIS OUTLINE
I INTRODUCTION
The concept of clean air and the how the provisions in the existing legal system needs to be amended for the desired right of clean air of an individual. Introduction to outdoor pollutants.
 
 II NECESSITY FOR INTEGRATING CLEAN AIR
Explain about the air pollutants and various sources that are not included in the air act 1981. The importance of indoor and socio economic pollution.
 
III RIGHT TO BREATHE CLEAN AIR
Right to clean air as fundamental human right of a person rather than a policy objective. About the sustainably and environmental justice. Whether is it a collective or individual right and the need for it to be substantive and procedural right?
 
IV ISSUES THAT PROVISIONS IN OUR LEGAL SYSTEM FAILED TO ADDRESS
Explaining the evolution of India in recognizing clean air and the issues in the provisions of the legal system regarding the same that it’s yet to comply with.
 
V CONCLUSION
Concluding the study and giving some suggestions to rectify the issues of my research.
 
7.    CHAPTER I
           INTRODUCTION
Right to breathe clean air is an environmental right and fundamental right. But the implementation of this right is not proper. This right is merely used as a policy objective rather than implementing it as a statutory remedy. If this right to clean air came to fore as substantive and procedural law, this will enhance the environmental law and sustainability in the society. There are many crucial impacts because of air pollution and simply unclean air, the cause anthropogenic emissions in form of smoke, particulate matters, combinations of gases cause irregular mixture of chemicals in air, burning of solid (this is main cause at times of festivities like Diwali), air pollutions from households. The impact of air pollution does not only extend to a level of health hazards, it affects the population on socio economic level. It causes in outdoor level, indoor and economic destructions. The outdoor air pollution are most commonly recognizable, this one has more awareness among the public at large and the precautions to avoid these are effective and are very much manageable. These include the pollutants that occur due to the traffic, industries, power plants and so on. This causes respiration related health problems, obesity, heart disease, asthma, tuberculosis and even cause mental issues like stress and insomnia. Some more sources that causes these pollution may need to be added into the new act.
 
CHAPTER II
NECESSITY FOR INTEGRATING CLEAN AIR
The National Emissions Inventory released by the US Environmental protection agency (USEPA) defined many sources of air pollution, commercial, industrial, transportation, power plants, fuel combustions, agricultural (crop burning), fires (forest fires), road dust etc., the main source that caused Kanpur to be the most polluted city in India is because the dust particles in that region are worse and are left unattended. Motor vehicles emissions including greenhouse gases, brakes and tire wear and varying pollutants. [3]
 
2.1 INDOOR AIR POLLUTION
Air pollution from household causes the most life threatening impact on people, because they are prone to immediate health hazards and most of the people do not get medical emergency due to negligence. Air pollution from household causes fuel combustions, mixing of gases and affects the indoor air quality. It affects human health drastically. At times it can even be a slow poisoning on human beings. Since it causes asthma, cardinal diseases and even unknown phenomenon. Another major crisis is ventilations, or lack thereof. In every region open space or ventilations are very important for human health and socio environment. Our courts in various landmark cases has dealt with the importance of open space and ventilation in a particular region. They claim the proper circulation of clean air is equivalent to the quality of life.
In Bangalore medical trust v. BS Muddappa[4]
A low level park was to be constructed near residential area. But on the orders of CM they began constructing hospital. Court held that open space in urban and residential area is very important for recreation purposes. Hence the orders were arbitrary and violative of article 14 of the constitution of India.
 
In Damodar Rao v. Municipal Corporation [5]
A space was marked for recreational purposes. The government then planned on constructing a residential quarters. Court held this was slow poisoning by pollution and is violating the article 21 of the constitution of India, right to life and personal liberty includes right to clean air. Neglect or failure to abide by article 48A is betrayal of fundamental law and it is the obligation of the state and all other state organ’s responsibility to protect and we cannot remain silent.
 
2.2 SOCIOECONOMIC STATUS
This is one of the main causes that leads to the death of many individuals in our country. As by World Health Organization’s report, India has more death caused by air pollution specifically asthma. The lack of access to the treatments and resources, because of no proper education and awareness, and even the poverty are the aspects of the nation’s failure from protecting people. Sleeping disorders, respiratory problems, mental issues etc. are the common problems faces by the poor that could not afford the treatment or they are reluctant to go to the hospital afraid of the costs, lack of awareness and more such causes. People in poverty are most likely to be affected by both indoor and outdoor pollution. Most especially children are affected. Even though covid -19 did reduce the air pollution marginally by 95% according to the report by National Clean Air Agency, the children from poverty had to tend to their families by working in various fields and were prone to these pollutants.
 
2.3 BIOLOGICAL STATUS
A study in 2017 “Effects of air pollution for estimating global solar radiation in India” by Mamta Suthar, G.K. Singh & R.P. Saini[6]. The report was a study on solar radiation and API and they conducted this research in 9 cities In India. They concluded that the areas with high pollutants cause’s higher atmospheric alternations and solar radiations tend to be lower. This solar is essential for all biological species to live, plants for even their food through photosynthesis, all chemical and physical process of nature, hence once the solar radiation estimates to be lower, all these factors will be plummeted.
 
CHAPTER III
RIGHT TO BREATHE CLEAN AIR
Right to clean air is not a binding instrument in international level even though the right to a healthy environment was discussed in many international declarations and treaties like Stockholm declaration, Rio and bizkaia declaration. The UN assembly did not recognize the right to clean air as it did recognize the right to clean water. This right exists solely on the substantive law in the national levels. That too was based on the legislations of the countries and do differ a lot.
 
3.1 WHAT TYPE OF RIGHT IT NEEDS TO BE?
The right to a healthy environment is important and is also recognized. But the categories of such healthy environment is often left alienated. As much as we give importance to clean water we tend to neglect our right to clean air. We cannot see difference in clean and polluted air most of the times unless there is a smoke or dust particles, this might be the reason why we seemingly neglect the dangerous hazard that is in front of our eyes.
 
Right to clean air must be fundamental human right of a person rather than a policy objective. We must provide the authority the power to act sustainably and to seek justice in case of lack of healthy environment including unclean air. The state must conduct public report regarding the air quality in cities, come up with action plans to rectify the same and provide environmental justice to the lack of clean air. The environmental standards are built to be in such a way that it becomes nondiscriminatory and non-retrogressive to any person, any law making body or any provision of law. This must be the state’s responsibility.
 
3.2 INDIVIDUAL OR COLLECTIVE RIGHT
We owe to every person in the society the right to clean air. Everyone deserves to live in the best quality of life. We cannot deprive them of their rights. Hence right to clean is an individual right since it is owed to a person. And that is why we need it as our fundamental human right.
 
The right to clean environment is a collective right because we owe it to all of the humankind to satisfy their needs and people must have general satisfactory environment.[7] A healthy environment cannot be achieved by a single hand, it is a team effort. Hence, the right to clean air does protect people individually but it also requires a collective action and cooperation from the general public in a society. Hence this is both an individual right and a collective right.
 
3.3 THE NEED FOR SUBSTANTIVE AND PROCEDURAL LAW
The right to clean right needs to be a substantive right and procedural right. If this becomes a substantive law, it will be recognized by the state and people could ask for environmental justice specifically for the depravation of clean air[8]. By the addition of provisions for the environmental protection by placing suitable limits and restrictions on unsustainable process and productions. Further suggestions to be added are provided in the conclusion of this paper.
 
By enacting the clean air act to be procedural legislation, it balances the power between the substantive law clean air act and the other existing laws. For it paves a way for it to be harmonies with the other branches of law. Harmonious interactions between the clean air act and the development acts that supports industrialization. Clean air act with other human rights and right of the people in case of employment, right to food, right to property etc. Since air act does not only concern with air alone, it deals with the housing department, urban development, agriculture, road transports etc. hence we need a procedural law to harmonies these.
 
CHAPTER IV
THE EVOLUTION OF CLEAN AIR PROVISIONS
The evolution of the clean air started earlier on in 1974 when the pollution control board was established under the water act in India. This board then in 1981 after the establishment of air act took the functioning of identifying the pollutants from industries and such and took operational action against the same. There was no changes or amendments made into the 50 year old air act. The aim of the act is to preserve the quality of air and control air pollution in India. The air act did the job well when it was established since only that much was necessary earlier on. But currently not so, as reported by State of global air 2020, global air pollution assessment was made in which India being in top ten which prove that they are yet to make any improvements.
4.1 THE AIR ACT 1981
But the air act 1981 is not explicitly a toothless act, as it does have various important features that could be adopted into the new clean air act. Some of the powers are, the act established the central pollution control board and the state pollution control board. The act provides powers to the boards to conduct search the industries. The board is also vested with the power to seize the operations of the industries, to order a factory to stop operating or cut its electricity and water connections. No industry or power plant that are likely to cause emissions can be set up without the permission of the pollution control board. The industries are required to install the pollution control mechanisms and must display the levels of the pollutant emissions in the notice. It gives power to the pollution control board to declare a particular region or a city as the “air pollution area” and put forth restrictions to prevent further pollutions autonomously. The right to clean air was not recognized by India until 1991 in the vehicular pollution case.
 
MC Mehta v. Union Of India [9]
Held: environmental protection is the responsibility of the state according to the article 48A and article 51A. The right to healthy environment is the basic human right and includes the right to clean air.
 
The court did recognize earlier on the rights to healthy environment and air pollution being the violation of article 21 of the constitution of India. But in this case the court specifically held the right to clean air. India still needs to recognize this right as under article 21 and not just as the responsibility and duty of the state alone. Through the case the Supreme Court ordered to introduce compressed natural gas into the vehicles than fuels. And the Environmental Pollution control (Prevention and Control) Authority [EPCA] was introduced.
 
4.2 SWATCH BARAT
In October 4, 2014, Prime Minister Modi launched a cleanliness drive “swatch barat mission” also called the clean India mission. It aimed to achieve clean India by the year 2019. It covered 4041 towns. The entire camping was supported by many environmental activists, students, social workers, civil societies and even celebrities. They conducted awareness campaigns about environmental development, cleaning streets and roads, teaching healthy sanitation practices, household sanitation, constructing sanitary latrines for the poor, latrine development in villages and awareness.[10]
 
4.3 ODD EVEN SCHEME AND GRADED RESPONSE PLAN
By 2016, the major air pollution caused socioeconomic, health damage in Delhi. It caused severe smog. Many students and young children suffered from the lack of oxygen. In 2016, odd even scheme was introduced by which, the vehicles with registered number plate of odd number were allowed to transport on one day and the vehicles with even registered number in plate were allowed to transport on other day. The plan was to significantly reduce the air pollutants emitted from the vehicles. But it still did not succeed in controlling the smog in winters.
 
Hence by 2017, a graded response action plan was introduced in the northern regions like in Haryana, Delhi, and Rajasthan. The action plan will be implemented based upon the level of pollution in the region. If the pollutant is of poor or moderate level then ban of fire crackers, garbage burning and mechanisms to control pollution emitted from power plants etc. will be imposed. As the level increases the mechanism to control grows stronger by imposing odd even scheme, control of diesel, stoppage of using coal etc. But if it ranged to an extreme level i.e. the emergency or severe level of pollution then the state orders to shut down power plants, shut down schools, colleges, ban on construction activities, stopping entry to the cities except for essential commodities. This was effective but the main drawback was the lack of source identification that causes these smog effects in the northern region.
 
4.4 NATIONAL CLEAN AIR PROGRAM
National clean air program was introduced in 2019 by ministry of environment, forest and climate change [MoEFCC]. This was launched to reduce the particulate matter (PM2.5) by 20-30% by the year 2024. The action plan is established in 122 cities. The aim of this action plan is to improve air quality and public health. And to identify the cost effective measures to decrease the emissions from various sources causing pollution in the mentioned cities. The central pollution control board and the state pollution control board have the authority to monitor the pollution in these cities by effectively seeing the air quality index. Their main function is to assess the sources that causes the pollution. To manage the source and preserve the quality of air. They maintain the information about the emissions from the industries that are approved by the pollution control board. A technical assessment cell was introduced. A report will be made to the national green tribunal after the tenure which is on 2024.
 
The action plan provides power to the pollution control boards to create a framework that would help us in maintaining the international relationship and cooperation in order to preserve the quality of air and control pollution.
 
Specifically for the unattainable cities, the national green tribunal introduced the air quality monitoring committee. The members of the committee were the directors of transport, urban development, environment, agriculture and the pollution control board.[11]
 
They restrict or put forth some conditions in the area of transportation, eradicate road dust, abolishing waste and solid burning, this is one of the difficult aspects they have to tackle because of the superstitious believes of people of the country as they compare the fire with god of their religion. The NCAP promotes clean cooking.  NCAP promotes the use of natural gases. Strict industrial standards on emissions are maintained. NCAP increases the monitoring capacity.
 
A study on Tamil Nadu Air Pollution and Health Effects [TAPHE][12] was conducted to identify the association between the particulate matters exposure and the human health. This was conducted in two rural and urban areas. Study was based upon one pregnant women, a healthy adult and child. To estimate the exposure on illness, the particulate matter concentrations, lack of indoor ventilations. The blood samples were recorded by which they estimated the reaction of exposure to pollutants for long term and large scale concentrations. They concluded the study that continuing the exposure to air pollution on the rural and urban area of society causes impact on health and mental issues. They requested for a national project that would be transparent and accessible to the people.
 
 
4.5 ISSUES THAT PROVISIONS IN OUR LEGAL SYSTEM FAILED TO ADDRESS
The lack of sources of pollution in the air act 1981, many are not covered. For example in Kanpur which is the most polluted city in India, the main cause of pollution is dust particles mixed with air causing a storm in sand and various health issues. The act mainly focuses on the emissions from the factories, power plants, emissions dispersed from vehicles etc.
 
There is no new way of measuring air pollution. No innovation is amended into the 50 year old act and not even in the current practice. We do use internet emission monitoring system which measures the real time pollutant levels emitted from the industries but even if it reaches a peak level of danger, by the time the pollution board reacts to the cause or goes to the field, the problem has already happened. This is not at all time efficient.
 
There is no speedy justice in the cases even though provisions of the act clearly specify the punishments. In this case it takes about 25 years to shut down the industry and still no compensation is being awarded to the people who suffered from emissions from industry. This may also be due to the fact that court is not accepting the real time pollutant levels measured from the internet emission monitoring system as a valid evidence.
 
Mahabir Coke Industry v. Pollution Control Board Assam [13]
The Supreme Court ordered the closure of the industry in the year 2013 and held that human beings must not survive by breathing air and living in a thickly habituated places located near industries. They must have a reasonable healthy life.
 
Ms Bhole Baba Grit Udhyog v. Rajasthan State Pollution Control Board[14]
It was held that according to section 27 the boards needs to take samples of air or emissions from an outlet causing the air pollution. And such sufficient data should exist in the outlet causing the air pollution since it involves the matter of livelihood.
 
In 2019, national clean air program was introduced and aimed to reduce the air pollution by 20-30 %. But this program lacks legal mandate. The program concentrate only on few cities based upon their severity of pollution and effect on socioeconomic level. It does not do an effective control of pollution in the cities it concentrates on.
Example, tutucorin, Tamil nadu, has many power plants, smelters and fertilizer units that contributes up to 2.5 level of pollutant in the city. But the national clean air program only addresses 14% of the issue in the city. Hence only the major influential cities are concentrated more.
 
There is no clear monitoring mechanism and they do not report their assessments and the data on how much of pollution is reduced in these last 2 years. The covid 19 has reduced the pollution by 95% in just 74 days in major cities like Chennai, Kolkata, Delhi which the NCAP failed to achieve so in this last 2 years. And once the lockdown lifted, again the air quality index rates the pollution from AQI 102 to AQI 122.
 
CHAPTER V
CONCLUSION AND SUGGESTION
We have the right to healthy environment and court has recognized our right to clean air in various cases but there is no clear apprehension on the right. This right needs to recognized as fundamental human right and be passed as a substantive and procedural law. We often tend to neglect this which is why India has most amount of death from the air pollution. The air pollution does not merely cause health hazard but socioeconomic loses to the society. We need concrete clean air provisions because of the defectiveness in our air act 1981. Even if we come up many policy objectives to ensure public health it is not enough. Because most of the policy did not create effective binding as it would if we enact a clean air legislation.
 
SUGGESTIONS
CHAPTER I
To include more sources like household emissions, ozone layers, greenhouse gases, climate change, dust, acid deposition control mechanism etc., there must be strategic planning and implementation of policies specifying a particular issue. Like the access to natural gas instead of cheap fuel used in rural areas. Increasing health and living conditions for poor people by increasing the status of energy access. Hence must find the alternative energy sources and raise awareness of the same to the people.
 
CHAPTER II
Instead of fuel based vehicles, we can use electric mobility for public and private transports. The US clean air act 1970 proves the best example that the economy and the clean air act can go together harmoniously. Proper vehicle emission standards to be included in the new clean air act rather than the motor vehicles act1988.
 
CHAPTER III
Health based air quality index must be maintained along with the current air quality index. Provisions regarding the standard of quality of air to be established and followed. The adequate quality of air must be determined based on scientific data and socio economic data. This must be reported to the district or even lower level authorities in regular intervals. And they must in turn report to the pollution control board. This way we can identify and make solution for the issues quickly.
 
The air pollution is not a single issue hence we need joint sittings with responsible agencies under the clean air act for housing, urban development, agriculture, transports etc. and they must monitor, plan and implement the policies and reports to be generated.
 
The pollution board must be vested with the power to shut down an industry immediately if the real time air quality index reads toxic or hazardous. And to declare the public health emergency in that particular area and to vacate the premises.
 
CHAPTER IV
To adopt innovative methods from other countries like fossil fuel generators, coal fired facilities, building coalition and institution infrastructure to enable emission mitigation, the Haiku partial equilibrium electricity simulation model used in US and many more cost efficient models. By using the best policy instrument we will be able be to reduce the cost significantly. It is the opportunity for the economists in India to help the nation with their strategic planning and develop programs to reduce cost of implementing these innovative models.
 
Penalties needs to be stricter and compensations pay must have strong reinforcement. To ensure environmental justice under the act. MoEFCC can mandate the preparation and maintenance of the databases regarding the pollutions occurred in the cities so that any future policy implemented they would not need to start from the ground level. If the strategic planning to control pollution on a big city then need to go with zone level operations.
 
Finally the aim the clean air act must be to priorities human health and not only to preserve quality of air and control air pollution.
 
REFRENCES
1.      Harendra K. Sharma, Banwari Dandotiya & Nimisha Jadon (2017) Exposure of Air Pollution and Its Health Effects in Traffic Police Persons of Gwalior City, India, Environmental Claims Journal, 29:4, 305-315, DOI: 10.1080/10406026.2017.1390357
2.      Mamta Suthar, G.K. Singh & R.P. Saini (2017) Effects of air pollution for estimating global solar radiation in India, International Journal of Sustainable Energy, 36:1, 20-27, DOI: 10.1080/14786451.2014.979348
3.      National Clean Air Programme (NCAP) for Indian cities: Review and outlook of clean air action plans Tanushree Ganguly a , Kurinji L. Selvaraj a , Sarath K. Guttikunda b,c, a Council on Energy, Environment and Water, New Delhi, India b Urban Emissions, New Delhi, India c Division of Atmospheric Sciences, Desert Research Institute, Reno, USA
4.      Airing ‘clean air’ in Clean India Mission T. Banerjee & M. Kumar  & R.K. Mall & R.S. Singh Institute of Environment and Sustainable Development, Banaras Hindu University, Varanasi 221005, India 2 Department of Chemical Engineering and Technology, Indian Institute of Technology (BHU), Varanasi, India
5.      PETER BIRKS & GRANT MCLEOD, JUSTINIAN’S INSTITUTES, 55 (1987)
6.      Luis Rodriguez-Rivera, Is the Human Right to Environment Recognized Under International Law? It Depends on the Source, 12 DENV. J. INT’L L&POL’Y 16 (2001)
7.      Balakrishnan K, Sambandam S, Ramaswamy P, et al. Establishing integrated rural– urban cohorts to assess air pollution-related health effects in pregnant women, children and adults in Southern India: an overview of objectives, design and methods in the Tamil Nadu Air Pollution and Health Effects (TAPHE) study. BMJ Open 2015;5:e008090. doi:10.1136/bmjopen-2015- 008090


[1] Airing ‘clean air’ in Clean India Mission T. Banerjee & M. Kumar  & R.K. Mall & R.S. Singh Institute of Environment and Sustainable Development, Banaras Hindu University, Varanasi 221005, India 2 Department of Chemical Engineering and Technology, Indian Institute of Technology (BHU), Varanasi, India
[2] ARTICLE Conceptual Problems of the Right to Breathe Clean Air by Sava Jankovic Department of Research and Science, Institute of Science and Culture, Oslo, Norway
[3] Harendra K. Sharma, Banwari Dandotiya & Nimisha Jadon (2017) Exposure
of Air Pollution and Its Health Effects in Traffic Police Persons of Gwalior City, India, Environmental
Claims Journal, 29:4, 305-315, DOI: 10.1080/10406026.2017.1390357
[4] 1991 AIR 1902, 1991 SCR (3) 102
[5] AIR 1987 AP 171
[6] Mamta Suthar, G.K. Singh & R.P. Saini (2017) Effects of air pollution for
estimating global solar radiation in India, International Journal of Sustainable Energy, 36:1, 20-27,
DOI: 10.1080/14786451.2014.979348
[7] 4PETER BIRKS & GRANT MCLEOD, JUSTINIAN’S INSTITUTES, 55 (1987)
[8] Luis Rodriguez-Rivera, Is the Human Right to Environment Recognized Under International Law? It Depends on the Source, 12 DENV. J. INT’L L&POL’Y 16 (2001).
[9] 1991 SCR (1) 866
[10] Airing ‘clean air’ in Clean India Mission T. Banerjee & M. Kumar  & R.K. Mall & R.S. Singh Institute of Environment and Sustainable Development, Banaras Hindu University, Varanasi 221005, India 2 Department of Chemical Engineering and Technology, Indian Institute of Technology (BHU), Varanasi, India
[11] National Clean Air Programme (NCAP) for Indian cities: Review and outlook of clean air action plans Tanushree Ganguly a , Kurinji L. Selvaraj a , Sarath K. Guttikunda b,c, a Council on Energy, Environment and Water, New Delhi, India b Urban Emissions, New Delhi, India c Division of Atmospheric Sciences, Desert Research Institute, Reno, USA
[12] Balakrishnan K, Sambandam S, Ramaswamy P, et al. Establishing integrated rural– urban cohorts to assess air pollution-related health effects in pregnant women, children and adults in Southern India: an overview of objectives, design and methods in the Tamil Nadu Air Pollution and Health Effects (TAPHE) study. BMJ Open 2015;5:e008090. doi:10.1136/bmjopen-2015- 008090
[13] AIR 1998 Gau 10
[14] S.B. Civil Writ Petition No.2593/2010

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