Introduction
Air pollution is both an environmental crisis and a direct threat to human health. Its effects are visible in respiratory disease, premature mortality, lost productivity and diminished quality of life. The legal question is therefore not merely how pollution should be regulated, but what citizens can demand when the state fails to secure breathable air.
Recently, the World Health Organisation has bought it into notice that how almost 1/3rd of the deaths that is witnessed in India is caused due to air pollution making the eradication of the same in the country a matter of grave concern as well. It is the sole duty and responsibility of the citizens to ensure protection of the environment that they live in and considering the present situation it should be of priority of the citizens to do so.
Lately the government is also seen to be taking initiatives to provide a healthy environment for its citizens and moreover the government from the very beginning itself has provided provisions through the Fundamental Rights, State Duties and Citizens' Duties within the constitution where citizens can claim the right to have a sustainable environment as their primary right too. The constant efforts of the government to eradicate the severe problem of air pollution has lately proved to insufficient and the noticeable changes arising out of the above government intervention is meagre.
This paper majorly focuses on analysing the dangerous effects of air pollution on human health along whilst discussing the various methods a citizen can adopt to eradicate the same with the help of the rights provided to him/her through the constitution as well.
Air Pollution and Its Dangerous Effects
Being one of the most polluted countries in the world the concept of air pollution is not something new for the citizens of India. From a recently published study, it is seen that out of the total deaths that occur in the country almost 30.7% of the deaths are the ones that arise out of the excessive pollutants present in the air making the air not fit for breathing, this means that almost 2.5 million citizens die because of the same. Beyond fossil-fuel combustion and construction dust, household cooking is a major source of air pollution in India. Many rural households still rely on traditional stoves because electricity and cleaner fuels remain unaffordable or unavailable.
Weak public transport and poorly maintained commercial vehicles also worsen urban air quality. Where affordable and reliable mass transit is unavailable, dependence on high-emission vehicles grows and pollution control becomes harder.
Effects of Air Pollution and Human Health
The World Health Organisation (WHO) recommends that every citizen being exposed to more than PM 0.5 pollutant levels will lead to chronic respiratory diseases eventually and may even result in death. In India air pollution has become so adverse that the pollutant level in the air is usually five times more than the level prescribed by WHO, and one can only imagine what chronic health related after-effects such a situation may hold. Some problems arising out of the same are mentioned below.
With respect to both instant and longstanding exposure to air pollution arising in immediate surrounding of the citizens, members of all ages are easy victims to health conditions like reduced lung function, chronic infection in respiratory system and sometimes may even be a victim to highly aggravated variant of asthma.
Recently doctors and researchers have bought it into public notice that air pollution that individuals experience in their immediate surroundings has begun to have a wider scope of health-related risk by affecting factors like nerve-related development and even genetic disorders like diabetes as well.
In India indoor air pollution arising out of indoor stoves etc, is more problematic as it becomes the lead cause for caners, lung problems and mostly even death.
Effects of Air Pollution on the State Exchequer
Air pollution adding onto its environmental and public health effects has also had a rather "costly" after-effect on the state exchequer. Recently "clean air fund" an environmental based philanthropic organisation along with Dalberg advisors released a statement stating that "Air pollution costs Indian business about USD 95 billion (7 lakh crores) every fiscal year, around 3% of India's total GDP, a major research report shows. The cost is equal to 50% of all tax collected annually, or 150% of India's healthcare budget". The main economic impact air pollution has in India is as follows.
Due to the impending health risks that are caused due air pollution people tend fall sick, due to which there is a gradual decrease in expected workforce, ultimately impacting the productivity of a nation.
Air pollution is a phenomenon which highly harmful for crops and crop growth, India being a country where agriculture is the most commonly practiced occupation faces difficulties in crop growth, crop yielding and crop quality because of pollution. This ultimately impacts the GDP and acts a huge burden on the state exchequer.
Air pollution also imposes an economic cost through premature mortality and chronic illness. It reduces labour-force participation, increases household medical expenditure and places additional pressure on public-health systems. Clean-air policy is therefore an investment in both public welfare and economic productivity.
Role of Citizen in Limiting & Eradicating Air Pollution Within the Country
Considering the alarming rate and the harmful economic and health effects that are bought upon by air pollution in the country, it is high time for citizens within the country to take up and adopt counter-measures to limit and eradicate air pollution. Governmental and non-governmental organisations across the world have laid down various methods to reduce and if followed with strict adherence ultimately eradicate air pollution as well. Some of the various initiative a citizen can take up and adhere in-order to limit and eradicate air pollution.
In India 90% of the pollution caused is majorly because of the burning of fossil fuels, and these fossil fuels are primarily used up for the purpose of transportation and secondarily for the energy production. Thus, by using alternate sources of energy for the purpose of transportation like electricity can decrease the residual carbon emissions ultimately reducing air pollution within the country. Shifting from burning of fossil fuels to using of easily available and more importantly eco-friendly alternatives like wind power, solar power, and even hydro-electric power to produce energy can be an ideal way to limit if not eradicate air pollution.
The Union Government launched the National Clean Air Programme in 2019 to reduce particulate pollution through city-level action plans, monitoring and coordinated intervention. Its effectiveness depends on measurable targets, credible emissions data and local enforcement.
Finally, raising awareness regarding the negative effect of air pollution so that people start to realise the impending danger than comes along with the excessive pollution. It is also essential to educate people living in the rural areas of the country as most of them indulge in polluting practices without even being aware of what they are doing or getting into for e. g, Above mentioned usage of harmful alternates of fossil fuels and usage of domestic stoves.
The Constitution increasingly treats environmental protection as part of the decent standard of living owed to every citizen. Its environmental provisions support both public duties and enforceable claims, allowing citizens to demand cleaner air through constitutional and statutory remedies.
Article 51A(g) of the Constitution makes it a duty of every citizen to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to show compassion for living creatures. Citizens can rely on the following constitutional principles and remedies to support the right to breathe clean air and demand effective pollution control:
Fundamental Rights
To be more specific with the topic in hand Article 21 of the Indian constitution after going through a number of judicial decrees has incorporated that it is the fundamental right of every citizen to enjoy the privilege of getting access to pollution free air and water. By claiming ones right under article 21 an individual of India can claim his/her rightful access for clean, sustainable air. The same could be observed in Vellore Citizens' Welfare Forum vs Union of India where the plaintiff filed a breach of its fundamental right under article 21 against the defendant for pollution caused to the ambient air and water by the industries in the area.
In the specific case the supreme court recognised the validity of the plaintiff's argument and ordered immediate suspension of several polluting industries withing the region and further laid down guidelines for preventing the same as well.
State Duties
The constitution of India is also forged in a way that it not only imposes duties over the citizen to protect and sustainably use the environment but also imposes on the state to do and address issues and concerns regarding the same as well. It can be viewed through Article 48A of the constitution imposes duty on the state in-order to safeguard and protect the forests and wildlife within the country. Imposition of such a duty on the state ultimately gives rise to more clean air as forests are one of the biggest sources of the same as well.
One such landmark case where the role of state duty can be highlighted is through the case of M. C. Mehta vs Union of India where the deciding court upheld the decision that protection and safeguarding of the environment should be part of the primary duties of the state and also gave the state the ultimate power and authority so that proper strict measures could be taken in order prevent and control air pollution. Under directions of the court with respect to this specific case the state was seen to promote use of natural clean fuels like CNG (compressed natural gas) and even suspend and shut down industries with high pollution rates.
Citizens Duties
According to the constitution Article 51A(g) imposes a strict duty upon every citizen of India to "protect and improve the natural environment including forests, lakes, rivers, and wildlife and to have compassion for living creatures". It is very much implied in this article that air can be termed as part of the natural environment and it is the duty of every individual to safeguard and protect the same, ultimately leading to rise in the clean air ratio and less pollution rates.
The application of the same above-mentioned case of M. C. Mehta vs Union of India can be applied here as the court mentioned the importance of the "duty of co-operation" of citizens with the state in safeguarding the environment (includes clean air).
Therefore, it is safe to say that with proper use of one's fundamental rights given through the constitution a major change can be bought in limiting and even eradicating air pollution in the country.
Conclusion
Air pollution imposes grave health and economic costs, and citizens need not wait passively for administrative action. Constitutional remedies, environmental statutes and public participation provide tools to demand enforcement and cleaner policy. Individual conduct matters, but the right to breathable air ultimately requires accountable institutions and sustained public investment.
Primary materials
Key primary materials: Environment (Protection) Act, 1986; National Green Tribunal.