State Accountability in Air Pollution Control: Insights from NGT's Delhi Air Quality Judgment

Introduction

The National Green Tribunal (NGT), in its February 17, 2023 judgment titled In Re: Air Quality Deterioration In And Around Delhi as Reported in Print and Electronic Media v. NCT of Delhi, addressed the persistent air quality issues plaguing Delhi. This case arises against the backdrop of severe air pollution levels reaching emergency thresholds, prompting public outcry and legal intervention. The primary parties involved include the National Capital Territory (NCT) of Delhi and various state and central governmental bodies responsible for environmental regulation and enforcement.

Summary of the Judgment

The NGT was petitioned to formulate preventive strategies and remedial measures to curb the ongoing air quality deterioration in Delhi. The Tribunal acknowledged the gravity of the situation, exacerbated by factors such as crop residue burning, plastic waste burning, industrial emissions, vehicular pollution, construction and demolition (C&D) waste, and the misuse of firecrackers. The judgment underscores the continuous negligence and apathy in enforcing existing environmental laws, particularly the Air (Prevention and Control of Pollution) Act, 1981.

Key directives from the Tribunal include:

Ensuring accountability of state officials in enforcing anti-pollution laws.
Implementing robust preventive measures against crop and plastic burning.
Enhancing monitoring mechanisms and transparency through publicly accessible data on pollution incidents.
Allocating necessary funds and resources for effective waste management and pollution control.

The Tribunal also highlighted previous orders addressing similar issues, emphasizing that past measures have been insufficient and called for more decisive action.

Analysis

Precedents Cited

The judgment references the landmark case M.C. Mehta V. Union of India & Ors. (WP (C) No. 13029 of 1985), wherein the Supreme Court of India dealt extensively with environmental degradation and mandated comprehensive pollution control measures. This precedent underlines the judiciary's active role in environmental governance and reinforces the principles of accountability and proactive enforcement by governmental authorities.

Additionally, previous NGT orders such as O.A. No. 681 of 2018 and O.A. No. 666/2018 are cited to demonstrate the Tribunal's ongoing efforts to address air pollution and waste management issues. These precedents establish a framework for holding state authorities accountable and provide a basis for the Tribunal's current directives.

Legal Reasoning

The Tribunal's legal reasoning is anchored in the enforcement of the Air (Prevention and Control of Pollution) Act, 1981, which mandates the prohibition of activities likely to cause air pollution and the enforcement of such prohibitions through appropriate measures, including prosecution and compensation recovery. The Tribunal criticized the Central and State Governments for their ineffective enforcement of these provisions, highlighting a failure to hold officials accountable for negligence.

The judgment emphasizes the application of the precautionary principle, a fundamental aspect of environmental law that advocates for preventive action in the face of potential environmental harm, even if some cause-and-effect relationships are not fully established scientifically. This principle is integral to the Right to Life under Article 21 of the Indian Constitution, thereby underscoring the judiciary's role in safeguarding public health and the environment.

Moreover, the Tribunal advocates for a multi-faceted approach to pollution control, including raising awareness among farmers about alternative crop residue management techniques, providing incentives to discourage burning, and enhancing monitoring and accountability mechanisms to ensure compliance with environmental regulations.

Impact

This judgment has significant implications for future environmental governance in India. By holding state authorities accountable and mandating specific remedial measures, the NGT reinforces the necessity for proactive and effective enforcement of environmental laws. The emphasis on transparency, through the public dissemination of data related to pollution incidents and authorities' responses, aims to foster greater public trust and participation in environmental protection efforts.

Furthermore, the Tribunal's directives are likely to influence policy formulation, encouraging the adoption of sustainable agricultural practices, improved waste management systems, and stringent regulatory frameworks for industrial emissions. The judgment sets a precedent for judicial intervention in environmental matters, potentially accelerating legislative and administrative reforms aimed at mitigating air pollution.

In the broader context, this judgment underscores the judiciary's pivotal role in environmental governance, advocating for a balanced approach that combines legislative mandates with executive accountability and public engagement.

Complex Concepts Simplified

Precautionary Principle: A strategy to cope with possible risks where scientific understanding is yet incomplete. It emphasizes preventive action in the face of uncertainty to protect public health and the environment.

Non-Attainment Cities: Urban areas that fail to meet the National Ambient Air Quality Standards (NAAQS) set by the Central Pollution Control Board (CPCB).

Legacy Waste Dumpsites: Older waste disposal sites that continue to pose environmental hazards due to inadequate management and remediation.

In-situ Degradation: The process of breaking down crop residues within the field without removing them, enhancing soil fertility and reducing the need for chemical fertilizers.

Conclusion

The NGT's judgment in the Delhi air quality case marks a pivotal moment in India's environmental jurisprudence. By unequivocally holding state authorities accountable for failing to enforce anti-pollution laws, the Tribunal reinforces the imperative for proactive governance in environmental protection. The directives issued not only aim to address the immediate crisis of deteriorating air quality but also set a comprehensive framework for sustainable environmental management.

Key takeaways from this judgment include the reaffirmation of the precautionary principle, the necessity for transparent and accountable governance, and the critical role of judicial oversight in enforcing environmental laws. As India grapples with escalating pollution levels, this judgment serves as a clarion call for coordinated efforts across governmental bodies, industries, and communities to safeguard public health and the environment.

In essence, the NGT's decision underscores that environmental protection is a collective responsibility, requiring unwavering commitment and effective implementation of existing laws to ensure a healthy and sustainable future for all citizens.

References

1. Indian Council of Medical Research. (2017). Report on Air Pollution and Health Impact.

2. Business Standard. (2019). "Air Pollution Kills 1.2 M Indians in a Year: Third Biggest Cause of Death."

3. The Lancet. (2018). "State of Global Air 2019."

4. World Bank Group. (2018). What a Waste 2.0: A Global Snapshot of Solid Waste Management to 2050.

5. Economic and Political Weekly. "Institutional Framework Implementing Solid Waste Management in India: A Macro Analysis."