REGULATING PARTICULATE MATTER (PM) AIR POLLUTION: LEGAL MEASURES AND CONTROLS

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Introduction

India’s pollution crisis, particularly in the Indo-Gangetic plain, is among the most severe in the world. Nearly 40% of the country’s population resides in seven states and union territories—Bihar, Chandigarh, Delhi, Haryana, Punjab, Uttar Pradesh, and West Bengal. This region, characterized by a population density nearly three times higher than the rest of India, is plagued by pollution originating from vehicular emissions, agricultural practices, and residential activities.

According to the World Health Organization (WHO), reducing particulate matter pollution (PM) can significantly improve health outcomes. In fact, bringing PM levels down to WHO guidelines could increase the national average life expectancy in India by 4.3 years.

Particulate Matter: The Most Lethal Air Pollutant

Among various forms of air pollution, particulate matter is globally recognized as the most deadly. The Air Quality Life Index (AQLI) demonstrates that the impact of PM on life expectancy is more severe than that of communicable diseases like tuberculosis and HIV/AIDS, lifestyle risks such as cigarette smoking, or even war.¹

The comparative impact on human health is telling:

  • First-hand cigarette smoke reduces life expectancy by about 1.6 years.

  • Alcohol and drug use reduce life expectancy by 11 months.

  • Unsafe water and sanitation cut 7 months.

  • HIV/AIDS, 4 months.

  • Conflict and terrorism, only 22 days.²

Thus, particulate matter pollution has an impact:

  • Almost three times that of unsafe water,

  • Twice that of alcohol and drug use,

  • Five times that of HIV/AIDS, and

  • Twenty-nine times that of conflict and terrorism.

India's Disproportionate Burden

India, alongside China, accounts for 36% of the global population but 73% of all years of life lost due to PM pollution. On average, Indians could live 4.3 years longer if the country met WHO’s PM guidelines.³ With a current life expectancy of 69 years, meeting these standards would raise this figure to 73—an increase more significant than the elimination of tuberculosis, which would only add one year to the average lifespan.

Major Sources of Particulate Matter Pollution

PM pollution is primarily a byproduct of combustion:

  • Coal power plants emit sulfur dioxide, which reacts in the atmosphere to form sulfate particulates.

  • High-temperature combustion in vehicles and industrial units produces nitrogen dioxide, which contributes to nitrate particulates.

  • Additional sources include diesel engines, household fuels, burning coal, and fossil fuel combustion.

Legal Measures Controlling Air Pollution

India has established a robust legal framework aimed at controlling pollution, particularly air pollution. The following laws and provisions are instrumental:

1. The Air (Prevention and Control of Pollution) Act, 1981


  • Section 21 – Restriction on use of certain industrial plants:                                     “No person shall, without the previous consent of the State Board, establish or operate any industrial plant in an air pollution control area.” Every person granted consent must comply with the conditions imposed.⁴
  • Section 22 – Emission standards:                                                                               “No person operating any industrial plant in any air pollution control area shall discharge air pollutants in excess of the standards laid down by the State Board.”⁵
  • Penalty – Section 37:                                                                                     Failure to comply with Section 21 or 22 is punishable with imprisonment not less than 1 year and 6 months (which may extend to 6 years) and with fine. In case the failure continues, an additional fine of ₹5,000 per day is imposed after the first conviction.⁶

2. The Environment (Protection) Act, 1986

  • Section 7 – Discharge of environmental pollutants:                                                   “No person carrying on any industry, operation or process shall discharge or emit environmental pollutants in excess of the prescribed standards.”⁷
  • Penalty – Section 15:                                                                                   Violation is punishable with imprisonment up to 5 years, or fine up to ₹1 lakh, or both. In the case of continuing violations, an additional fine of ₹5,000 per day is levied. If it continues for more than one year, the offender may face imprisonment of up to 7 years.⁸

3. The Motor Vehicles Act, 1988

  • Section 190(1) – Using a vehicle in an unsafe condition:                                 Driving a vehicle with a known defect that may endanger life or cause pollution constitutes a punishable offence.¹²
  • Section 190(2) – Violating pollution control standards:                                   Driving or permitting the use of a vehicle that violates prescribed standards for road safety, noise, and air pollution.

4. The Motor Vehicles (Amendment) Act, 2019

  • Section 72 – Amendments to Section 190:                                                                 For first offences under Section 190(1), the fine ranges from ₹1,500 to ₹5,000. For repeat offences, imprisonment up to 6 months or fine up to ₹10,000. Under Section 190(2), first offences attract imprisonment up to 3 months or fine up to ₹10,000 or both, along with license disqualification for 3 months. Repeat offences lead to imprisonment up to 6 months or fine up to ₹10,000, or both.¹³

Conclusion: A Wake-Up Call for Compliance

Every human takes in approximately 500 ml of air with each breath.⁹ In the current scenario, the quality of that air determines not just comfort but survival. While laws and penalties exist to deter polluters and regulate emissions, real change will come only through sincere compliance—both by industries and citizens.


Kindly share this at large, so that everyone get to know, what we need to do https://shataxiamicuslex.blogspot.com/2019/11/particulate-matter-pm-air-pollution-how.html



[1] https://aqli.epic.uchicago.edu/pollution-facts/
[2] Global Burden of Disease. (2016). Retrieved from http://ghdx.healthdata.org/gbd-2016
[3] https://aqli.epic.uchicago.edu/pollution-facts/#_ftn6
[4] http://www.indiaenvironmentportal.org.in/files/file/air%20act%201981.pdf
[5] http://www.indiaenvironmentportal.org.in/files/file/air%20act%201981.pdf
[6] http://www.indiaenvironmentportal.org.in/files/file/air%20act%201981.pdf
[7] https://www.iitr.ac.in/wfw/web_ua_water_for_welfare/environment/eprotect_act_1986.pdf
[8] https://www.iitr.ac.in/wfw/web_ua_water_for_welfare/environment/eprotect_act_1986.pdf
[9] http://chdtransport.gov.in/Forms/CMVR_1989.pdf
[10] http://chdtransport.gov.in/Forms/CMVR_1989.pdf
[11] http://chdtransport.gov.in/Forms/CMVR_1989.pdf
[12] http://as2.ori.nic.in:8080/web/cmvacts.jsp
[13] http://egazette.nic.in/WriteReadData/2019/210413.pdf

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