Air pollution is the presence of dust, fumes, gas, mist, odour, smoke or vapour in the atmosphere in quantities that can cause injury to human, plant or animal life or harm the environment. Air pollution is caused by air pollutants like:
- Solid Air Pollutant: burning of solid fuels such as firewood, crop residue, cow dung cakes, coal, lignite and charcoal.
- Liquid Air Pollutant: the use of gasoline, kerosene and diesel in households.
- Gaseous Air Pollutant: sulphur dioxide, carbon monoxide and nitrogen.
- Noise Pollutant: harsh sounds from traffic, engines, generators and fireworks.
The National Ambient Air Quality Standards, set by the Central Pollution Control Board, lay down the permissible limits for twelve pollutants like sulphur dioxide, nitrogen dioxide, trioxygen, lead, carbon monoxide, ammonia, benzene, arsenic, nickel and particulate matter.
These limits differ for industrial, residential, rural, ecologically sensitive areas and other areas created by the Central Government.
Right To Clean Environment
The right to a clean environment is a right available to all citizens in India. Article 21 of the Constitution of India, 1950, lays down the right to life and personal liberty, which includes the right to pollution-free air and a clean environment.
Article 51A(g) of the Constitution also creates a duty upon every citizen to protect and preserve the environment. If a person is suffering from health issues due to air pollution, they have a right to complain under the law.
Offences Related To Air Pollution And Their Punishments
Crime: Causing air pollution beyond air quality limits.
Law: The law bans industries from releasing any air pollutants more than the limits the State Pollution Control Board has laid down (Act, 1981). If they do, the person in charge of the establishment has to immediately notify the State Pollution Control Board (Act, 1981).
They have to pay for any corrective measures that the agencies undertake to reduce the impact of such harmful emissions (Act, 1981) as per the polluter pays principle.
Punishment: The concerned State Pollution Control Board can make an application to a Court (not below a Metropolitan Magistrate or a Judicial Magistrate of the First Class) for restraining the offender from emitting the air pollutant (Act, 1981). The polluter will have to reimburse the costs (plus the interest the State departments have to bear to control the pollution.
Crime: An industrial plant is set up or operated without proper permission.
Law: It is a crime for an industrial plant to be set up or operate without the proper permission from the State Pollution Control Board (Act, 1981) or exceed the allowed emission limits (Act, 1981) or the proper pollution control equipment (Act, 1981).
Punishment: The punishment is jail time of one and a half years to 6 years, along with a fine ( Act, 1981). If the violation continues, then an added fine of ₹5,000 (maximum) can also be imposed for each day it continues.
If such failure continues for more than a year, then the offender can be punished with jail time for 2 to 7 years, with a fine ( Act, 1981).
Crime: Use of vehicle in an unsafe condition.
Law: If a vehicle is driven in a public place, which violates the standards laid down in relation to noise and air pollution, it is a punishable offence.
Punishment: The punishment is a fine of ₹1,000 for a first offence and ₹2,000 for a second offence.
Crime: Violation of PUC Certificate.
Law: A person using a motor vehicle will be fined if they are not carrying a valid PUC (Pollution Under Control) certificate issued by the Ministry of Road, Transport and Highways.
Punishment: The punishment is a fine of ₹10,000
Crime: Environmental pollution: pollution of air, water or land
Law: Violation of any provision of the Environmental Protection Act, 1986, i.e pollution of air, water or land or any harm to the environment, is a crime.
Punishment: The punishment is jail time up to 5 years, along with a fine that may extend to ₹1,00,000. Continued failure to comply with the law will lead to an additional fine of ₹5,000 for every day of non-compliance.
Crime: Releasing harmful pollutants into the environment.
Law: Releasing harmful pollutants into the environment forms part of the offence of public nuisance as they make the air toxic and are injurious to the health of people. Even smoking in public places is considered to be a crime of public nuisance.
Punishment: The punishment is a fine of ₹500.
Crime: Engaging in activities that are harmful to the health and physical comfort of the community.
Law: Operating industries and other processes that release air pollutants causing harmful health issues as well as discomfort to the people is an offence. This includes any conduct of any such trade or business that is harmful and causes imminent danger to the health of the people and threatens their physical discomfort.
Punishment: A Magistrate can pass an order 15 for removal of a nuisance to stop such activities.
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