Air Pollution and Preventive Measures: A Study of Indian Laws
ABSTRACT
India is the country which is witnessing rapid growth among major economies of the world. With the growth
the other drawback is that the pollutions which is most severely effecting is the Air Pollution. The Air Pollution
is phenomena in which impure substance gets mixed with air thus degrading the air quality which in turn is
harmful for living beings. In this study it has concluded that since the beginning of Industrial era in India
various laws have enacted with the objective as to prevent and keep a check over air pollution. The study is
focused upon the Indian Perspective and Laws related to Air Pollution and its preventive legislatives.
KEY WORDS
Environmental Law, Preventions from Air polllution, Air pollution, Air pollutants.
INTRODUCTION
Air Pollution is ever growing problem in India since the beginning of Industrial era. Air Pollution is getting sever
in urban areas day by day which is not only effecting our environment but the air as it resulting in bad Air
Quality Index of many metropolitan cities while in most of the rural areas the air quality is better but
degrading. With time yet their Air Quality Index is safer for now. However, tourists from major cities are visiting
places with natural scenery and better AQI but in turn are polluting these places. The presence of pollutant in
air degrading air quality is called Air Pollution and pollutant is Impure substance resulting into pollution. The
Articles 39, 42, 47, 48 and 49 are indirectly dealing With the issues of environmental pollution and its
Protection in the Constitutional Law of India.However, there are many Judicial Interpretations by the court
regarding cleaner and safer environment as well which are related to protection and rights of citizens
regarding air which are under Article 21 of Indian constitution. Also the Directive Principles of the state policy
states that it requires not only a protectionist stance by the state but also compels the”State to look for the
conservation of the healthier environment. The major sources of Air Pollution are Coal, Fuels and Petroleum.
Air Pollution
Air pollution is caused by the substance present in the atmosphere which are harmful for the environment
and health of living beings; the air pollution also severely effects harm to the climate. There are various gases
which badly effects the climate as well environment some of them are (Carbon dioxide, Sulphur dioxide,
Methane, Chlorofluorocarbon, Ammonia, Carbon monoxide), and other biological molecules. Air pollution
causes different allergic disease which can spread from one to another person and cases results in death of
infected. The Air Pollution can be caused by both human as well natural phenomena’s. The Air pollution can
be mild to severely harmful for living beings and the crops in the field alike.
The Air pollution can also be classified as:
➤ Smog: These are pollutions by combustion of fuel and its reaction with Sunlight.
➢ Soot: These are pollution due to particles of chemicals, dust, soil or other gas or solids,
Historical Background
Air pollution is no new phenomena in India as in ancient period the Prime Minister of MAGADH and during
regime of Chandra Gupt Maurya there is mention of environmental cleanliness in 300 BC and environment
, protection in his Arthashashtra. However, the modern history of Air Pollution legislatives in India can be
classified as:
Pre Independence
1. The Oriental Gas Company Act, 1857
The Oriental Gas Company Act, 1857, enacted to regulate pollution produced by Oriental Gas Company, by
imposing fines (Rosencranz, 1991). If after imposition of fine anyone violates the laws or repeats it then
sanctions under The Indian Penal Code, 1860 were imposed upon him. The Penal code states punishments
for various kinds of pollutions including Air Pollution, Nuisance, and adulteration of food, drinks, drugs and
water. There are various provisions under Indian Penal Code, 1860 stating sanctions against the person
2. Indian Penal Code, 1860
Engaged in polluting activities. These provisions were applied against violators to prevent pollution in the
environment and any harm to environment. Chapter XIV of IPC, under Section 268-294- A, deals with the
offences that are related to safety, public health, etc. In case of violation, the Voilator is punished under these
aforesaid provisions.The act was enacted to regulate import, export and the manufacturing of explosive
items, as these explosive items were severely harmful for the environment.
3. Indian Explosive Act. 1884
This Act was enacted to regulate the Air pollution caused by the major pollution emitting factories. Of
Industrial town of Howrah and other major industrial cities of Bengal. This factory caused nuisances and
disturbance to the environment.
The Indian Boilers Act, 1923.
The Indian Boilers Act, 1923 came into force with the motive to ensure safety of life and Property of any
person of society from the danger of explosions of steam boilers and to achieve this they have to register and
inspect it during the operation and maintenance of boilers in India by which they had the information
regarding the condition of boilers.
Post Independence
1. The Factories Act, 1948
This act was enacted after the Independence with the objective to provide proper ventilation and humidity to
the labours. This act was to indirectly control the Air pollution provided under Sec. 13, 14, 15 of this Act.
2. The Industrial (Development and Regulation) Act, 1957
The act was enforced to empower the Central Government for investigation to be made into scheduled
industries or industrial undertakings, as it was the first act for the industrial area. This extent was limited to
the purpose of conserving any resources as sustainable development which are utilized in the industry also
with the regulation imposed upon them regarding production and industrial development.
3. The Mines Act, 1952
The act was enacted as while working in mines the workers were openly exposed to dust and fumes of coal
any other harmful substances which could affect the health of the workers as well equally degrade the
ABSTRACT
India is the country which is witnessing rapid growth among major economies of the world. With the growth
the other drawback is that the pollutions which is most severely effecting is the Air Pollution. The Air Pollution
is phenomena in which impure substance gets mixed with air thus degrading the air quality which in turn is
harmful for living beings. In this study it has concluded that since the beginning of Industrial era in India
various laws have enacted with the objective as to prevent and keep a check over air pollution. The study is
focused upon the Indian Perspective and Laws related to Air Pollution and its preventive legislatives.
KEY WORDS
Environmental Law, Preventions from Air polllution, Air pollution, Air pollutants.
INTRODUCTION
Air Pollution is ever growing problem in India since the beginning of Industrial era. Air Pollution is getting sever
in urban areas day by day which is not only effecting our environment but the air as it resulting in bad Air
Quality Index of many metropolitan cities while in most of the rural areas the air quality is better but
degrading. With time yet their Air Quality Index is safer for now. However, tourists from major cities are visiting
places with natural scenery and better AQI but in turn are polluting these places. The presence of pollutant in
air degrading air quality is called Air Pollution and pollutant is Impure substance resulting into pollution. The
Articles 39, 42, 47, 48 and 49 are indirectly dealing With the issues of environmental pollution and its
Protection in the Constitutional Law of India.However, there are many Judicial Interpretations by the court
regarding cleaner and safer environment as well which are related to protection and rights of citizens
regarding air which are under Article 21 of Indian constitution. Also the Directive Principles of the state policy
states that it requires not only a protectionist stance by the state but also compels the”State to look for the
conservation of the healthier environment. The major sources of Air Pollution are Coal, Fuels and Petroleum.
Air Pollution
Air pollution is caused by the substance present in the atmosphere which are harmful for the environment
and health of living beings; the air pollution also severely effects harm to the climate. There are various gases
which badly effects the climate as well environment some of them are (Carbon dioxide, Sulphur dioxide,
Methane, Chlorofluorocarbon, Ammonia, Carbon monoxide), and other biological molecules. Air pollution
causes different allergic disease which can spread from one to another person and cases results in death of
infected. The Air Pollution can be caused by both human as well natural phenomena’s. The Air pollution can
be mild to severely harmful for living beings and the crops in the field alike.
The Air pollution can also be classified as:
➤ Smog: These are pollutions by combustion of fuel and its reaction with Sunlight.
➢ Soot: These are pollution due to particles of chemicals, dust, soil or other gas or solids,
Historical Background
Air pollution is no new phenomena in India as in ancient period the Prime Minister of MAGADH and during
regime of Chandra Gupt Maurya there is mention of environmental cleanliness in 300 BC and environment
, protection in his Arthashashtra. However, the modern history of Air Pollution legislatives in India can be
classified as:
Pre Independence
1. The Oriental Gas Company Act, 1857
The Oriental Gas Company Act, 1857, enacted to regulate pollution produced by Oriental Gas Company, by
imposing fines (Rosencranz, 1991). If after imposition of fine anyone violates the laws or repeats it then
sanctions under The Indian Penal Code, 1860 were imposed upon him. The Penal code states punishments
for various kinds of pollutions including Air Pollution, Nuisance, and adulteration of food, drinks, drugs and
water. There are various provisions under Indian Penal Code, 1860 stating sanctions against the person
2. Indian Penal Code, 1860
Engaged in polluting activities. These provisions were applied against violators to prevent pollution in the
environment and any harm to environment. Chapter XIV of IPC, under Section 268-294- A, deals with the
offences that are related to safety, public health, etc. In case of violation, the Voilator is punished under these
aforesaid provisions.The act was enacted to regulate import, export and the manufacturing of explosive
items, as these explosive items were severely harmful for the environment.
3. Indian Explosive Act. 1884
This Act was enacted to regulate the Air pollution caused by the major pollution emitting factories. Of
Industrial town of Howrah and other major industrial cities of Bengal. This factory caused nuisances and
disturbance to the environment.
The Indian Boilers Act, 1923.
The Indian Boilers Act, 1923 came into force with the motive to ensure safety of life and Property of any
person of society from the danger of explosions of steam boilers and to achieve this they have to register and
inspect it during the operation and maintenance of boilers in India by which they had the information
regarding the condition of boilers.
Post Independence
1. The Factories Act, 1948
This act was enacted after the Independence with the objective to provide proper ventilation and humidity to
the labours. This act was to indirectly control the Air pollution provided under Sec. 13, 14, 15 of this Act.
2. The Industrial (Development and Regulation) Act, 1957
The act was enforced to empower the Central Government for investigation to be made into scheduled
industries or industrial undertakings, as it was the first act for the industrial area. This extent was limited to
the purpose of conserving any resources as sustainable development which are utilized in the industry also
with the regulation imposed upon them regarding production and industrial development.
3. The Mines Act, 1952
The act was enacted as while working in mines the workers were openly exposed to dust and fumes of coal
any other harmful substances which could affect the health of the workers as well equally degrade the
