According to the World Health Organization, the capital city New Delhi is one of the top most polluted cities in the world. Surveys indicate that in New Delhi the incidence of respiratory disease due to air pollution is about 12 times the national average. The act Provides for the prevention, control and abatement of air pollution. It makes provisions, Interalia, for Central and State Boards, power to declare pollution control areas, restrictions on certain industrial units, authority of the Boards to limit emission of air pollutants, power of entry, inspection, taking samples and analysis, penalties, offences by companies and Government and cognizance of offences etc..
The Act specifically empowers State Government to designate air pollution areas and to prescribe the type of fuel to be used in these designated areas. According to this Act, no person can operate certain types of industries including the asbestos, cement, fertilizer and petroleum industries without consent of the State Board. Decisions were taken at the United Nations Conference on the Human Environment held in Stockholm in June, 1972, in which India participated, to take appropriate steps for the preservation of the natural resources of the Earth which, among other things, include the preservation of the quality of air pollution;
The Government passed this Act in 1981 to clean up our air by controlling pollution. This Act also ensures controlling the level of air pollution. Accordingly, the Indian government enacted specific laws under Article 253 of the Constitution for the preservation of natural resources and the law enacted for air preservation. This act applies to Whole of India.
Section 2(b) ‘Air Pollution’ as the presence of any air pollutant in the atmosphere.
Section 2(j) ‘Emission’ means any solid or liquid or gaseous substance coming out of any chimney, duct or flue or any other outlet.
Section 2(m) ‘occupier’ in relation to any factory or premises, means the person who has control over the affairs of the factory or the premises, and includes, in relation to any substance, the person in possession of the substance.
Central Board can exercise the powers and performs the functions of a state Board in the Union Territories. No state Board shall be constituted for a Union Territory. Provided that in relation to any Union Territory the Central Board may delegate all or any of its power and functions under this section to such person or body of persons as the Central Government specify.
Tenure of the Members
3 Years from the date of appointment but can continue till the new member enters upon this office.
Where the Central Government thinks that a grave emergency has arisen due to the State Board defaulting in complying with the orders of the Central Board, then it can perform the functions of the State Board.
Power to declare air pollution areas: Section 19
The Act states that the State Government, after consulting the State Board, may declare an area within the State as an ‘air pollution area’. The State Government may also order for the extension or reduction of an air pollution area or may even merge one or more areas to make a new pollution area or any part or parts thereof.
The State Government after consulting the State Board, may also by notification in the Official Gazette, prohibit the use of any fuel or appliance that may cause or is likely to cause air pollution. The State Government may also prohibit the burning of any material (which is not a fuel) if it causes or is likely to cause air pollution. This is also done after consultations with the respective State Board.
Power to give restrictions for ensuring standards for emissions from automobiles Section 20
It states that the State Government may, after consulting the State Board, issue instructions to the authority responsible for the registration of vehicles under the Motor Vehicles Act 1939 and such authority shall be bound to follow these instructions. This is done to ensure that the standards of emission prescribed under Section 17(1)(g) are complied with.
Power of Board to make application to Court for restraining a person from causing air pollution: Section 22A
when the Board believes that there is excess emission being caused by a person running an industrial plant in any air pollution area, then the Board can make an application before the Court to restrain him from doing the same.
Penalties
Under Section 37, whoever fails to comply with the provisions of Section 21, 22 and the directions issued under Section 31A, can be sentenced to imprisonment for a term of one year and six months. This sentence can be extended to six years and with fine, if the requisite compliances under the aforesaid sections are still not carried out, with an additional fine of five thousand rupees every day.
Under Section 39, any order or direction which has been flouted, and for which there is no punishment anywhere in the Act, shall be punishable with three months imprisonment or fine of three thousand rupees or both. If failure continues, there shall be a fine of an additional five thousand rupees every day.
Section 40 of this Act talks about offences by companies. If an offence is committed by a company, every such person shall be deemed to be guilty, who is directly in charge of the company, who was responsible to the company for the conduct of its business as well as the company itself. He shall be punished according to the provisions of this Act. However, where such an offence was committed without the knowledge of such person, or where he had made full efforts and due diligence to stop these offences, this person shall not be held liable.
Section 40(2) states that where the offence was committed after taking the consent of the director, manager, secretary or other officer or happened due to the neglect of the aforesaid people, then they shall be deemed guilty and can be punished according to the Act.
Section 41 talks about offences committed by governmental departments. Where any government department has committed an offence under this Act, then the head of that department shall be liable to be proceeded and accordingly punished. However, if the Head of Department had no knowledge of the committing of these offences, or had practised due diligence to prevent these offences from happening, he shall not be held liable.
In this case, a writ petition was filed by M.C. Mehta regarding air pollution caused due to vehicular emissions. He prayed for the Court to pass appropriate orders to prevent pollution.
The Court held that environmental protection is the responsibility of the State as enshrined in the Directive Principles of State Policy and Articles 48A and 51A of the Constitution. The Supreme Court observed that the right to a healthy environment was a basic human right and this included the right to clean air, covered under the ambit of Article 21 of the Constitution. In this way, the Court expanded the scope of Article 21 to include the right to a healthy environment and clean air under the fundamental rights.