On the onset of winters, the Air pollution came into focus. The pollution in the form of Smog and air quality which is kind of poison for the humans. Clean Air is our Fundamental right but government fails. According to the Central Pollution Control Board (CPCB) readings, several areas in the city witnessed ‘very poor’ or ‘severe’ pollution levels — Ashok Vihar reported an AQI of 415, CRRI Mathura Road 365, Burari Crossing 383, Chandni Chowk 419, Bawana 441, Jahangirpuri 422, Dwarka Sector-8 393, JLN Stadium 389, ITO 418, Mundka 426, Najafgarh 385, Patparganj 399, Rohini 423, Punjabi Bagh 405, Narela 418, Wazirpur 447, RK Puram 406, Siri Fort 495, Vivek Vihar 418 and Sonia Vihar 410.
Major Contributors to Delhi-NCR Air Pollution (winter)
This pie chart represents a generalized distribution based on various studies (like those by TERI, CSE, SAFAR) which often show variations depending on the season and specific meteorological conditions. It’s crucial to note that percentages fluctuate. Image of a pie chart showing sources of air pollution in Delhi-NCR during winter, with segments for vehicular emissions, industrial emissions, stubble burning, dust (road & construction), and domestic/other sources.
The Supreme Court is actively hearing the Case of MC Mehta vs. Union of India regarding the air pollution concern in Delhi NCR. The court reiterated the Right of breathe clean air forms an essential component of the fundamental right to life Under Article 21. Delhi air quality is deteriorating day by day. The court has taken a proactive but balanced approach for both public health imperatives and socio- economic considerations. “While India possesses a robust legal framework for environmental protection, enforcement and inter-agency coordination remain critical challenges in combating air pollution, necessitating dynamic judicial intervention”.
“The Court has pulled up central and state authorities for inadequate implementation of pollution-control measures and sought detailed affidavits from Punjab, Haryana, Uttar Pradesh, and the Delhi government on issues including stubble burning, vehicular emissions, construction activity, and industrial pollution”. Instead, it stressed the need for long-term structural reforms instead of repetitive short-term restrictions. The court has also declined to entertain any fresh PIL’s regarding the similar matter. The Directive Principles of State Policy (DPSP):
- Article 48A: “The State shall endeavor to protect and improve the environment and to safeguard the forests and wild life of the country.”
- Article 47: “The State shall regard the raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties.”
The Legislative Framework who acts as a Tools against Pollution are:
- The Air (Prevention and Control of Pollution) Act, 1981:
This act was established for central and state pollution control boards. They provide power to lay down standards for air quality, inspect and monitor. The provisions for penalties and offenses are mentioned in it.
- The Environment (Protection) Act, 1986 (EPA):
This act as an umbrella legislations by giving central government wide powers to take measures for environmental protection and empowers the government to set standards and issue directions.
- Motor Vehicles Act, 1988
- Other Relevant Acts/Rules: for the Hazardous Waste Management Rules, Bio-Medical Waste Rules, etc., which lead to air quality.
The Challenge of Enforcement and Inter-State Coordination is that they have administrative boundaries which have challenges in seamless coordination between various state government, central ministries and local bodies. Proper data should be maintained.
Allegations of artificial manipulation of AQI readings came in front of the Court to demand clarity on technologies used, calibration of monitors, and potential interference (such as water sprinkling near sensors) which is a significant recent development is the Court’s focus on the accuracy and credibility of AQI monitoring equipment. This shows a major shift toward scientific evidence-based environmental governance. The Court’s current approach reflects a combination of the Rights-Based Environmentalism and the Structural Reform over Temporary Measures. The Supreme Court’s directions compulsion for state governments, the Centre, and regulatory bodies to justify their environmental performance with data and action plans. The reaffirmation of clean air as a constitutional right which enhances the body of precedent relevant for future environmental litigation. To empower the citizens with more accurate information and stronger legal grounds to challenge administrative inaction they should better monitor and be consistent with regulation.
The Supreme Court’s role is crucial as they act both as a guardian of fundamental rights and as a as India continues to grapple with recurrent smog and long-term environmental degradation. They emphasize that the fight for clean air is a fight for fundamental human rights and sustainable development.
ABOUT AUTHOR
Adv. Pallavi Sharma, Delhi based Advocate, who is a legal practitioner and researcher with a growing interest in cyber law, IPR, constitutional law, and women’s and child rights. She recently started to contribute through analytical writing and awareness initiatives on contemporary legal issues.