ISSN: 2456–4397 RNI No.  UPBIL/2016/68067 VOL.- VII , ISSUE- I April  - 2022
Anthology The Research
Menace of Air Pollution in Rajasthan and The Rules Governing it: An Analysis
Paper Id :  15971   Submission Date :  2022-04-14   Acceptance Date :  2022-04-17   Publication Date :  2022-04-19
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Rishabh Bhan Singh
Assistant Professor
Jaipur School Of Law
Maharaj Vinayak Global University
Jaipur,Rajasthan
India
Abstract
The major upheaval in the air environment primarily became noticeable during the industrial revolution of 18th and 19th century in Europe, from thereon there was no turning back. The air pollution menace started making noticeable changes to the environment of India in the 1990’s, slowly it engulfed all the states, Rajasthan being the worst hit. In 2017 Rajasthan reported highest death rate per one lakh population, attributable to air pollution and as per the current trends this rate is only bound to increase if stringent measures are not implemented. This article is an effort to analyze existing laws related to air protection in Rajasthan.
Keywords Air Pollution, Environment, Analysis, Disease, Harm, Protection.
Introduction
As per section 2(b) of Air (Prevention and Control of Pollution) Act 1981, “air pollution” means the presence in the atmosphere of any air pollutant, whereas “air pollutant” is defined under section 2(a) as any solid, liquid, or gaseous substance including noise present in the atmosphere in such concentration as may be or tend to be injurious to human beings or other living creatures or plants or property or environment. Therefore, any foreign element in air which causes harm to organic life or inorganic things can be considered as air pollution. Air pollution majorly constitutes of Carbon monoxide, Carbon di-oxide, Sulphur oxides, Nitrogen oxides, Chlorofluorocarbons (CFC), Ozone, Suspended Particulate Matter (SPM) and Volatile Organic Compounds (VOC). Regular exposure to air pollution can cause respiratory diseases such as chronic obstructive pulmonary disease, cardiovascular diseases or even cancer. Air pollution can impair proper lung functioning in children making them susceptible to asthma. Air pollution is regulated and governed in Rajasthan under the aegis of Air (Prevention and Control of Pollution) Act, 1981, Environment Protection Act, 1986 and Rajasthan Air (Prevention and Control of Pollution) Rules, 1983. Rajasthan state pollution control board is the body managing air pollution, it was constituted in 1975 and was handed the responsibility of prevention, control, and abatement of air pollution after the enactment of Air (Prevention and Control of Pollution) Act, 1981. Also, right to clean environment is a fundamental right under article 21 of the Constitution of India, it is the duty of the State to protect environment under article 48-A and it is a fundamental duty of the citizens to protect environment under article 51-A (g).
Objective of study
To analyse the current dismal condition of air pollution in Rajasthan and give an overview about the laws which govern them.
Review of Literature

1.Fundamentals of Air Pollution. (2014). United States: Elsevier Science. :- The book Fundamentals of Air Pollution focuses on air quality and pollution control. The meteorology of air pollution and the behavior of the atmosphere are discussed in this book, which distinguishes air pollution from other areas of environmental management and protection. 2. Singh, S. (2018). The Great Smog of India. India: Penguin Random House India Private Limited. :- Every year, air pollution kills over a million Indians, although silently. Families are thrust into a downward spiral of hospital visits, serious illness, and financial difficulties, all of which have an influence on their productivity and capacity to participate in the economy. Children born in high-pollution areas have irreversibly impaired lung function and cognitive capacities, which will have a long-term impact on their earnings. They're all suffering in silence. Every winter, the Great Smog of India falls and envelops most of northern India, exacerbating the problem. During this time, simply breathing has the same health effects as smoking a pack of cigarettes every day. The situation is so serious that emergency health recommendations are in effect, prohibiting residents from leaving their homes. Hence, this book discusses about the urgency and rising menace of air pollution in India. 3. Asian Atmospheric Pollution: Sources, Characteristics and Impacts. (2021). Netherlands: Elsevier Science. :- This book gives a succinct yet thorough study of all areas of pollution and air quality monitoring in Asia. This book focuses on significant places throughout the world and describes a wide range of sources, their transport mechanisms, long-term variability, and climatic implications at local and regional scales. It also covers pollution feedback, as well as feedback on other meteorological parameters such as radiative forcing, fog forms, precipitation, cloud features, and more. It includes sections dedicated to treatment of pollutant sources, studying of pollutants and trace gases using satellite/station-based observations and models, transport mechanisms, seasonal and inter-annual variability, and impact on climate, and it draws on the expertise of multiple well-known authors from various countries to highlight some of these key issues.

Main Text

Air condition in Rajasthan
National air quality index:

AQI

Remark

Impacts

0-50

Good

Minimal impact

51-100

Satisfactory

Minor breathing discomfort to sensitive people

101-200

Moderate

Breathing discomfort to the people with lungs, asthma, and heart disease

201-300

Poor

Breathing discomfort to most people on prolonged exposure

301-400

Very Poor

Respiratory illness on prolonged exposure

401-500

Severe

Affects healthy people and seriously impacts those with existing diseases.

 
 
 
 
 
 
 
 
 
 
 
 
 
 


 

 

 

 

 



Contemporary air condition of 8 major cities in Rajasthan

(National air quality monitoring programme data of 2020):

City*

So2

all data in ug/m3

No2

all data in ug/m3

Pm10

all data in ug/m3

Alwar

12.33

33

162.33

Bharatpur

8

27

173.66

Bhiwadi

27.33

40.33

188.33

Chittorgarh

8.66

27

109

Jaipur

7

23.66

132.22

Jodhpur

5.11

23.77

160.33

Kota

6

23.8

104.4

Udaipur

8

16.66

139.33

*Data given is an average of all the air quality monitoring stations present in the district.
The above data clearly indicates the dire situation in Rajasthan.
The impact of air pollution is such that it has grave adverse consequences on health of the populace. As per a health survey report, more than 90,000 people who died in 2017 in Rajasthan were linked to air pollution. According to a 2020 study of health and economic pollution published in the journal Lancet, more than 113 million people in Rajasthan died from air pollution in the 20th year. This is 21.2% of the total deaths reported from Rajasthan in 2019 and is more than the national average of 18%. The number of deaths caused by air pollution is the total number of deaths caused by existing particle particles, indoor air pollution and moderate ozone depletion. In Rajasthan the death toll from pollution has risen to 58,167, while 49,352 deaths have been caused by indoor air pollution and more than 2000 deaths have been caused by ozone depletion.
Reasons for concentration of air pollution in some cities is because the economic geography of Rajasthan is concentrated in 4 regions i.e., Jaipur, Bhilwara, Udaipur and Ganganagar. These contribute over 70% of Rajasthan’s industrial output. These regions consist of key districts of Ajmer, Alwar, Barmer, Bharatpur, Bhilwara, Bikaner, Bundi, Chittorgarh, Jaipur, Jodhpur, Kota and Udaipur, making these most polluted.
Laws and regulations governing air pollution in Rajasthan
Air pollution in Rajasthan is governed by the following laws-
1) Air (Prevention and Control of Pollution) Act, 1981.
2) Rajasthan Air (Prevention and Control of Pollution) Rules, 1983.
3) Fly Ash Act, 1999.
4) Ozone Depleting Substances (Regulation) Rules, 2000.
5) Environment Protection Act, 1986.
 Air (Prevention and Control of Pollution) Act, 1981, is the primary Act for curbing the menace of air pollution. It consists of the following important provisions-
1. Section 3 
states that the Central and State Pollution Control Boards are endowed with the responsibility to exercise the powers given under this Act.
2. Section 4 states that in states already having a Water Pollution Control Board present, it will be bequeathed with joint responsibility of managing air pollution too and it will be rechristened as State Pollution Control Board.
3. Section 5 states that in states that have not set up Water Pollution Control Board, a new Pollution Control Board will be established.
4. Section 16 enunciates the functions of Central Pollution Control Board, which consists of the following-
1. Advice Central government on topics related to air pollution.
2. Advice, aid and exhort State Boards in performing their functions.
3. Conduct regular research pertaining to air pollution.
4. Through the aid of mass media, disseminate information and create awareness amongst masses regarding the importance of preventing and controlling air pollution.
5. Conduct training programs for personnel’s working in management and improvement of air pollution.
6. Set the standards for Air Quality in India.
7. Section 17 enunciates the functions of the State Pollution Control, which consists of the following -
8. Advice State Government on topics related to air pollution.
9. Coordinate and collaborate with Central Board, conduct training programs for personnel’s working in management and improvement of air pollution.
10.  Conduct investigations and inspections of air pollution control areas within regular intervals.
11. Advice State Government about the feasibility of running industrial activities in relation to its effect on air pollution.
12. Section 19 states that the SPCBs possess the power to label any area as an air pollution control area, in consultation with CPCB.
13.  Section 21 states that in an air pollution control area, no person or organization must be authorized to develop an industrial establishment without first obtaining authorization from the Boards.
14. Section 22 states that no individual or industry shall produce air pollutants in excess of the Pollution Control Boards' guidelines. The Board can even go to court to get injunction against an industry that does not fulfil its requirements.
15. Section 26 allows any Pollution Control Board officer the authority to obtain specimens from any chimney, duct, or other source of emissions for testing and determining whether or not the emissions are below specified limits.
16. Section 28 authorizes SPCBs to create State Air Laboratories, either as a new establishment or by designating an existing lab as a State Air Lab. These labs have the power to test air samples and air quality processes for the state's SPCBs in respective territories, according to the requirements.
17. Section 37 states that failure to follow the provisions of Sections 21 and 22 will result in a minimum of one year and six months' imprisonment, with a maximum of six years imprisonment along with fine. If the failure persists, an extra punishment of 25,000 rupees per day will be imposed until the infringement is stopped. If the failure persists for more than a year, the offender faces a minimum of 2 years in imprisonment and a maximum of 7 years imprisonment, as well as a fine.
The Rajasthan air (Prevention and Control of Pollution) Rules, 1983 were made by the state government after consultation with the state board under section 54 of the Air (Prevention and Control of Pollution) Act, 1981, for prevention, protection and abatement of air pollution in Rajasthan. The Rajasthan rules were recently amended in 2016.
Fly Ash Rules, 1999 gives an overview about the proper management of fly ash, to save the environment from its negative effects. It mandates mixing of 25% of ash with soil on weight-to-weight basis within radius of 50 kms on manufacturing of clay bricks, tiles or blocks used in construction activities.
Ozone Depleting Substances (Regulation) Rules, 2000 prohibits production of harmful substances having deteriorating effects on the ozone layer.
Environment Protection Act, 1986 was enacted with the objective of providing for the protection and improvement of the environment.
 Prominent case laws for protection against air pollution
There are many judicial precedents regarding protection of environment, some of the prominent cases for protecting air and environment are-
M.C. Mehta vs Union of India (1986) also known as the Oleum Gas Leak case. In this case there was a leakage of a deadly poisonous gas (methyl isocyanate) from Union Carbide Corporation India Ltd., located at Bhopal, Madhya Pradesh. It claimed more than 2250 lives and caused serious injuries and long-term ailments to more than 6 lakh people. Within one year of this tragedy another leakage took place from Shri Ram Foods and Fertilizers industries. The Supreme Court keeping in mind both the instances devised the principle of absolute liability. Pursuant to recommendation the Government of India passed the National Environmental Tribunal Act, 1995 to deal with cases of environmental pollution.
M.C. Mehta vs Union of India (1991) also known as the Vehicular Pollution case. M.C. Mehta approached the court under Article 32 lamenting about the deteriorating air condition of Delhi due to unsafe businesses running in highly populated areas of Delhi. The petitioner also grieved about the need for regulation of air contamination by vehicles and power creating units. The Supreme Court said that it is the constitutional duty of the State under Article 48-A of DPSP to protect and improve the environment at the same time it is also a fundamental duty of an individual under Article 51A (g) to protect and improve the natural environment. Supreme Court also said that creating awareness amongst the masses is the most important step in protecting the environment. This judgement had transformative effect and made Delhi the first city in the world to have complete public transportation running on CNG.
M.C. Mehta vs Union of India (1996) also known as Taj Trapezium matter. The contention of the matter was the change in color of the marble of taj Mahal from whitish to yellowish and blackish due to the surrounding pollution created by industrial/refinery emissions, vehicular traffic, brick kilns and generator sets. Supreme court held that Taj Mahal is a UNESCO world heritage site and a huge source of revenue for the nation. It is a masterpiece and has huge admirers worldwide, hence, there will be no compromise with its beauty. The court applied the principle of sustainable development also recognizing the importance of polluter pays principle and the precautionary principle.
Murli S. Deora vs Union of India and others (2002), Tobacco has proved to be one of the deadliest elements in increasing the disease burden of our nation. WHO has estimated almost 7 million deaths every year are attributable to tobacco related diseases. In this case petitioner brought to the notice of the court the harmful effects of smoking on non-smokers due to passive smoking in public places. Supreme Court held that smoking is injurious to health of the smoker but there is no reason that health of passive smokers should also be injuriously affected, in any case there is no reason to compel non-smokers to be helpless victims of air pollution.

Conclusion
The worsening condition of air in Rajasthan requires immediate implementation of micro programs to see prevention of further deterioration in air quality. The laws governing air quality require upgradation to be effective in the contemporary times. Even after plethora of existing laws the menace of air pollution has become grosser day by day, therefore there is a need for regular upgradation of legislation only then will the state be able to provide the cherished right to clean environment enunciated under Article 21 of the Constitution of India. It is also constitutional imperative to make policies for protection of environment under Article 48-A of the Constitution of India, simultaneously the citizenry also needs to fulfill its fundamental duty of protecting the environment under Article 51A (g). There is a need for more stringent laws and their effective implementation for improving the air quality situation in Rajasthan.
References
1.https://timesofindia.indiatimes.com/city/jaipur/raj-has-highest-death-rate-per-lakh-due-to-air-pollution/articleshow/67017397.cms 2. Air (Prevention and Control of Pollution) Act, 1981. 3. https://environment.rajasthan.gov.in/content/environment/en/rajasthan-state-pollution-control-board# 4. https://cpcb.nic.in/namp-data/ 5. The impact of air pollution on deaths, disease burden, and life expectancy across the states of India: The Global Burden of Disease study 2017: - https://doi.org/10.1016/S2542-5196(18)30261-4 6. Case study of Air Pollution in Rajasthan- https://ijcrt.org/papers/IJCRT2108198.pdf 7. Aparna Roy et al., “Finding Solutions to Air Pollution in India: The Role of Policy, Finance, and Communities,” Observer Research Foundation Special Report Number 120, November 5, 2020, https://www.orfonline.org/research/finding-solutions-to-air-pollution-in-india-the-role-of-policy-finance-and- communities- 74311. 8. M.C. Mehta vs Union of India, 1987 SC 965. 9. M.C. Mehta vs Union of India and others, 1991 SCR (1) 866, 1991 SCC (2) 353. 10. M.C. Mehta vs Union of India, AIR 1997 SC 734. 11. Subhash Kumar vs State of Bihar and others, AIR 1991 SC 420. 12. Murli S. Deora vs Union of India and others, AIR 2002 SC 40. 13. Constitution of India, 1950.