Skip to main content

Air Quality Laws in India

Introduction​

Air pollution is one of the most significant environmental challenges facing India today. The country's rapid industrialization and urbanization have led to a significant increase in air pollution levels, affecting both human health and the environment. In response to this growing concern, the Indian government has implemented various air quality laws and regulations to mitigate the impact of air pollution.

This page provides an overview of key air quality laws in India, along with relevant case laws and illustrations to help law students and LLB students understand these regulations better.

Key Air Quality Laws in India​

1. Air (Prevention and Control of Pollution) Act, 1986​

Section 3(2)(a): This section empowers the Central Government to establish standards for emissions from industries.

Case Law: State of Maharashtra v. M/s. Hindustan Orgic Chemicals Ltd. [1997 AIR SC 1348]

In this case, the Supreme Court upheld the validity of emission standards set under Section 3(2)(a) of the Air (Prevention and Control of Pollution) Act, 1986.

Illustration: A chemical plant emits excessive amounts of sulfur dioxide, violating the emission standards set by the Central Government. The company can be prosecuted under Section 15 of the Act for non-compliance.

2. Environment Protection Act, 1986​

Section 5: This section authorizes the Central Government to take measures to reduce pollution levels in critically polluted areas.

Case Law: Vellore Citizens' Welfare Forum v. Union of India [1996 AIR SC 1318]

In this landmark case, the Supreme Court directed the closure of polluting industries in Vellore district due to severe air pollution levels.

Illustration: The state government declares a particular area as "critically polluted" under Section 5 of the Environment Protection Act. It must then implement strict measures to reduce pollution levels in that area.

3. National Clean Air Programme (NCAP)​

While not a standalone legislation, NCAP is a comprehensive initiative launched by the Ministry of Environment, Forest and Climate Change to improve air quality across the country.

Key provisions:

  • Setting annual average ambient air quality standards for all cities
  • Implementing specific measures for 100 non-attainment cities
  • Promoting electric vehicles and clean energy sources

Illustration: Under NCAP, a city sets a target to reduce particulate matter (PM2.5) levels by 20% within two years. Local authorities must develop and implement strategies to achieve this goal.

4. Motor Vehicles (Amendment) Act, 2019​

Section 138: This section mandates the use of Bharat Stage VI (BS-VI) emission norms for all vehicles sold in India from April 2020 onwards.

Case Law: Tata Motors Ltd. v. Union of India [2020 SCC OnLine SC 1139]

The Supreme Court upheld the implementation of BS-VI norms, stating that it was necessary to protect public health and the environment.

Illustration: A car manufacturer fails to comply with the BS-VI emission norms. They can face penalties under Section 194 of the Motor Vehicles Act, 1988, for contravening the rules regarding the construction, equipment, and maintenance of motor vehicles.

5. Noise Pollution (Regulation and Control) Rules, 2000​

These rules regulate noise levels in residential areas and industrial zones.

Section 3: This section prohibits the use of loudspeakers between 10 PM and 6 AM in residential areas.

Case Law: Rajendra Singh v. State of Rajasthan [2018 SCC OnLine SC 1235]

The Supreme Court upheld the constitutionality of the Noise Pollution Rules, emphasizing the importance of protecting citizens' right to quiet enjoyment of life.

Illustration: A local temple uses a loudspeaker during late-night prayers, violating Section 3 of the Noise Pollution Rules. The police can issue a notice to the temple authorities under Section 19 of the Act.

Conclusion​

Understanding air quality laws is crucial for law students and professionals alike. These regulations play a vital role in protecting public health and the environment. By familiarizing themselves with these laws and their practical applications through case studies and illustrations, law students can gain valuable insights into how environmental regulations shape our society.

Remember to consult the original documents and official gazettes for the most up-to-date and accurate information on these laws and regulations.