DETERIORATING AIR QUALITY A STUDY OF DELHI
Anumeha
Pollution is the contamination of the earth's environment with materials that imperil or interfere with human health, quality of life or the natural functioning of the ecosystems. Pollution occurs in many forms ranging from chemicals as gases or liquids, noise, energy sources such as light or heat, or even solids such as the hazardous wastes that end up in landfills. Even substances that occur naturally can become pollutants when added to the environment in unsafe quantities. For example, elements like carbon dioxide and mercury may come from natural sources, higher quantities produced by industries can have catastrophic effects on the environment and all forms of life.1 Exposures to environmental pollution are a major source of health risk throughout the world. The risks are particularly higher in developing countries, where poverty, lack of investment in modern technology and weak environmental legislation combine to cause high pollution levels.
The various forms of pollution include air, water, thermal, noise, soil pollution and radioactive contamination. This article focuses on the pernicious effects of air pollution and the steps taken or not taken to address it in the national capital, Delhi. It also touches upon, albeit briefly, the central issues of environmental responsibility, and the practical and result-oriented strategies for its successful adoption.
Right to Breathe Clean Air- A Basic Human Right
The rights to breathe clean air and drink clean water are two of the basic human rights that any government must guarantee to its people. Air pollution is a global health problem but in India it is particularly severe. Our country has the highest rate of death caused by chronic respiratory diseases anywhere in the world. A study published in the Economic and Political Weekly claims that "Dangerously High" levels of air pollution in India are causing more than half of the country's 1.2 billion population to die sooner than expected.2
According to a World Health Organization (WHO) assessment of the burden of disease due to air pollution, more than two million premature deaths each year can be attributed to the effects of urban outdoor air pollution and indoor air pollution (caused by the burning of solid fuels). More than half of this disease burden is borne by the populations of developing countries.3
In April 2014, WHO issued new information estimating that outdoor air pollution was responsible for the deaths of some 3.7 million people under the age of 60 in 2012."We cannot buy clean air in a bottle, but cities can adopt measures that will clean the air and save the lives of their people," said Dr Carlos Dora, Coordinator, Interventions for Healthy Environments, WHO Department of Public Health, Environmental and Social Determinants of Health.4
Another study, conducted by economists and public policy experts from the Energy Policy Institute at Chicago, Yale and Harvard University, found that India's poor air quality reduces the lifespan of the average citizen by 3.2 years.5
The World Bank has estimated that Indians are spending Rs 4550 crores every year on treatment of diseases caused by ambient air pollution. 6
Metros across the world bear the brunt of environmental pollution. A WHO study of 1,600 cities released in May 2014, showed that Delhi was the world's most polluted capital.7Increasing concentration of pollutants particularly particulate matter (PM), has been deteriorating air quality continuously in the capital city. This has been pointed out as one of the major triggers of respiratory conditions such as chronic bronchitis, lung cancer, other cardiovascular diseases and infections. 8Stronger links of air pollution and cancer have been established in recent studies. According to International Agency for Research on Cancer (IARC), outdoor air pollution is carcinogenic to humans and exposure to it is associated with an increased risk of bladder cancer, other than lung cancer.9
Deteriorating Air Quality- Steps taken to resuscitate the environment of Delhi
About Delhi
Delhi (or the National Capital Territory of Delhi), is jointly administered by the central and state governments. It accommodates nearly 167.5 lakh people (2011 Census of India).
The nodal agency in the administrative structure of the Central Government is the Ministry of Environment, Forests and Climate Change (MoEFCC) which is responsible for planning, promotion, co-ordination and overseeing the implementation of India's environmental and forestry policies and programmes.
In the NCT of Delhi, it is the Department of Environment which has been assigned responsibility of improving the overall environmental quality in Delhi.
Role of Judiciary and civil society
The Judiciary has taken a strong note of the worsening air quality in Delhi and prescribed stringent measures to combat it. The Supreme Court's involvement in Delhi's air pollution problem originated over concerns that the city's polluted air was slowly poisoning its citizens. A widely cited study conducted in Delhi estimated that 10,000 people die every year due to complications from air pollution, a staggering total of one person every hour (Centre for Science and Environment Press Release, Jul. 18 2000). The SC has been at the forefront of the clean air campaign and has forced the governments both at the Centre and the state to take cognizance of the matter.
The civil society and concerned citizens have also played an active role in engaging with other stakeholders in planning, implementation and enforcement of activities that aim to promote better air quality management. They have offered prescriptions not only to the judiciary but also to the government for successfully improving the quality of air that we breathe in. Following the directions of the apex Court and sustained pressure from the civil society, the Governments at the Centre and the National Capital Territory (NCT) have taken some affirmative measures to combat and reduce the diminishing quality of air in the city.
Major Developments & Chronology of events
Following is an overview of the Status of Air Pollution in Delhi over the last two decades in chronological order.
1974-1985 First watchdog
The Central Pollution Control Board set up under the Water (Prevention and Control of Pollution) Act, 1974, is the principal watchdog for: carrying out the functions under the Air (Prevention and Control of Pollution) Act, 1981; monitoring and execution of National Air Quality Monitoring Programme; coordination with other agencies, besides providing technical and financial support to such agencies, etc. The Delhi Pollution Control Board, its counterpart in Delhi, is responsible for implementation of legislations relating to prevention and control of environmental pollution in the NCR.
1985-How it all began
Concerned with growing pollution and a government apparently disinclined to take effective measures, Mr. M C Mehta, a committed environmentalist moved the Supreme Court, seeking directions to various government ministries and departments to implement the Air (Prevention & Control of Pollution) Act of 1981 in Delhi and also to relocate 1,200 polluting industries away from Delhi.10
This was a landmark PIL which changed the course of events and cast an obligation on all the stakeholders to secure the health of the people and improve the environment. During the pendency of this writ petition, the Hon'ble Supreme Court passed several orders/directions to deal with the situations arising from time-to-time and impressed upon the concerned authorities the necessity of taking urgent steps to tackle the acute problem of pollution in Delhi.
1986- SC hauls up Delhi Government
The SC observed that the "lack of concern or effort on the part of various governmental agencies had resulted in spiralling pollution levels. The quality of air was steadily decreasing and no effective steps were being taken by the administration in this behalf." The Court further noted that the Delhi Administration had failed to discharge its constitutional obligations, and hence with a view to protect the health of the present and future generations, it was directed to file an affidavit specifying steps taken by it for controlling pollution emission of smoke, noise, etc. from vehicles plying in Delhi.11
1988-Discussion on use of CNG as an alternative vehicular fuel
The Justice K.N Saikia Committee constituted in 1991 by the Ministry of Environment and Forests (MoEF) on the directions of the Supreme Court had recommended the use of CNG as an alternative fuel for vehicles. However, this was not the first official discussion about the use of CNG in transportation. A World Bank study in 1988 had urged the Indian government to use natural gas for transportation. Also at that time, the Oil and Natural Gas Commission had introduced CNG on an experimental basis in its own vehicles, with encouraging results.12
1986- 1989- A Slew of legislations and a new Authority
After M. C. Mehta's petition, new environmental laws were enacted, as were policies to curtail tailpipe emissions from vehicles and to move polluting industries from Delhi. Some of these new legislations included the 1986 Environment (Protection) Act, an amendment to the Air Act in 1987, the Motor Vehicles Act of 1988, and the Central Motor Vehicle Rules of 1989. The 1988 Motor Vehicles Act and the 1989 Central Motor Vehicle Rules specifically added authority to set standards for vehicular emissions for manufacturers and users. 13
The Environment Pollution (Prevention and Control) Authority, (EPCA) a statutory authority was constituted under Section 3 of the Environment (Protection) Act, 1986. Its directions are final and binding on all persons and organizations concerned.14
1990-Citizens' Obligations
Following the enactment of the 1988 Motor Vehicles Act and the 1989 Central Motor Vehicle Rules, vehicular exhaust emissions standards were set, imposing some obligations on owners to maintain their vehicles so that they would not emit smoke, visible vapor, grit, sparks, ashes, or cinders. Ambient air quality standards were also prescribed for Delhi at this time by the MoEF.15
In the same year, based on the opinion of the MoEF, the Supreme Court in an order in the MC Mehta case, acknowledged that heavy vehicles including trucks, buses and defense vehicles were the main contributors to the air pollution problem. 16
1991-New Committees/Authorities
A committee was set up in April 1991 under Professor H.B. Mathur, of the Indian Institute of Technology in Delhi, to recommend vehicular mass emissions standards for 1995 and 2000. The standards were to replace a voluntary program in which manufacturers self-certified their vehicles' performance.17
The court also asked MoEF to set up Committees/Authorities entrusted with the responsibility of devising policies to curb air pollution in Delhi. One of these Committees was the Saikia Committee, named after its Chairman, formed Justice K.N.Sakia, a retired Supreme Court Judge. One of the first recommendations of the Committee was to phase out leaded petrol in Delhi by April 1, 1992 and the use of CNG as an alternative vehicular fuel. 18
1992World Development Report sets off alarm
A World Development Report, published in 1992 explored the link between economic development and environment. The report states that in the developing countries currently undergoing industrialization, the city air pollution is far worse than in the industrialized/developed countries. The report further points out that in the early 1980s cities such as Bangkok, Beijing, Calcutta, New Delhi, and Tehran exceeded on more than 200 days a year the Suspended Particulate Matter (SPM) concentrations that WHO guidelines indicate should not be exceeded more than seven days a year. Hence, it was concluded that where adequate data exists, it appears that cities in low-income countries have SPM levels much higher than those in more developed countries.19
1994-Motor Vehicles (Amendment) Act
The Parliament passed the Motor Vehicles (Amendment) Act to promote the use of alternative fuels, such as batteries, solar power, and CNG. Motorists using these alternative fuels were not required to obtain permits from the state transport authorities and, for a specified period, were allowed to determine their own freight, fares, and hours of operation.
1995- SC continues to push and prod the Delhi Government
The SC in an order in the MC Mehta v Union of India, directed the Delhi government and the Municipal Corporation of Delhi (MCD) not to renew licences of erring industries. Mr. Mehta in his petition had contended that contrary to the provisions of the MPD-62 (Master Plan of Delhi, for the period 1961-1981, sanctioned on September 1, 1962), industrial units were operating in residential and non-conforming areas.20
1996- The SC ordered the relocation of industries from residential areas. The Master Plan of Delhi became the basis for the judgment delivered by a division bench of Justice Kuldip Singh and Justice Faizanuddin. The bench issued directives that 168 hazardous industries be moved from Delhi to suitable locations in the national capital region (NCR), or close down by November 30, 1996.21
1996 -1997-Finally- some responsive action
Despite the apex court pushing the government through direct orders to make good on its promises, the city's air quality continued to deteriorate. The Supreme Court issued a suomoto notice to the Delhi government to submit an action plan to control the city's air pollution. In response, both the Delhi government and the central government finally developed action plans to curtail pollution in Delhi. These were the first comprehensive policies on air pollution control.22
1997-Another report presents a distressing picture
A report23 by the Ministry of MoEF identified air pollution was one of the major areas of concern. It was estimated that about 3000 metric tons of air pollutants were emitted every day in Delhi, with a major contribution from vehicular pollution (67%),24 followed by coal-based thermal power plants (12%). There was a rising trend from 1989 to 1997 as monitored by the Central Pollution Control Board (CPCB). The concentrations of carbon monoxide from vehicular emissions in 1996 showed an increase of 92% over the values observed in 1989, consequent upon the increase in vehicular population. The particulate lead concentrations appeared to be in control; this was attributable to the de-leading of petrol and restrictions on lead-handling industrial units. Delhi has the highest cluster of small-scale industries in India that contribute to 12% of air pollutants along with other industrial units.25
1998- SC tightens the screw
The SC issued an order mandating the conversion of the entire Delhi fleet of diesel-powered buses to compressed natural gas (CNG) by March 31, 2001 and construction of new ISBTs at entry points in North and South-West to avoid pollution due to entry of inter state buses by March 31, 2000.26 To deal with pollution from petrol-driven vehicles, the SC ordered the exclusive sale of unleaded and low benzene petrol and advanced improved Euro II vehicular standards by almost five years.27
This judgment forcing all public transport vehicles to run on CNG had reduced levels of respirable suspended particulate matter (RSPM) considerably, but over the years, all those gains were frittered away. From a high of 409 µg/m3 in 1995, it went down to 191 µg/m3 in 2000 and then further to 161 µg/m3 in 2007. But today, it stands at 316 µg/m3, nearly 16 times what is considered healthy by the WHO, and nearly twice that of Beijing, the next most-polluted city in the world.28
1999-2000- Relocation of polluting units
In the meantime, in the matter of recolation of polluting units, referred to earlier, the SC in an order of December 1996 had moved out of the scene leaving it to the Delhi government to manage the relocation and asked for quarterly reports, but the slow speed of work forces the Court to step in again.
The Court exasperated with the slow speed of work puts its foot down and gives a deadline directing the NCR of Delhi through chief secretary to take appropriate measures to relocate all the industrial units from the residential areas.
In another order on September 12, 2000, the Court directed that all polluting industries of whatever category operating in residential area are to be shut down. In a further order, the apex court asks for numbers on polluting and non-polluting non-conforming units and blames authorities for going slow. It gives them up to January 7, 2001 to shut all polluting units and up to December 15, 2000 to give a list of non-conforming units.29
2001- SC issues warning
In 2001, three years after it ordered all public transport vehicles in Delhi to switch to the cleaner CNG, the Supreme Court observed, "It appears that vehicles which transit through Delhi do not adhere to the vehicular standards which are applicable in Delhi… There is no reason why a very large number of goods vehicles should transit through Delhi thereby adding to the pollution level and traffic on roads."
Subsequently, the EPCA, pointed out in a report submitted to the apex court that a "multiplicity of authority in this area is compounding the problem of implementation (of effective measures to tackle air pollution)".30
2002-State's obligation towards protection and improvement of environment
The SC observed that under Articles 39(e), 47 and 48-A it is the duty of the State to secure the health of the people, improve public health and protect and improve the environment.
It directed the Union of India to give priority to transport sector including private vehicles all over India with regard to the allocation of CNG. It meant that first the transport sector in Delhi, and in the other air polluted cities of India, CNG would be allocated and made available and it was only thereafter if any CNG was available, that the same could be allocated to the industries, preference being shown to public sector undertakings and power projects. The NCT of Delhi was directed to phase out 800 diesel buses per month starting from 1st May, 2002.31
2007:Diesel emissions- the real villain?
EPCA in its report on `Controlling pollution from the growing number of diesel cars in Delhi' highlighted the key public health concerns over diesel emissions, its key contribution to the key pollutants of concern, technology lag in vehicle technology and fuel quality, and global best practices to counter the public health risks. It stated that in view of the serious public health challenge it has repeatedly drawn the attention of the Hon'ble Court to the need for curbing this problem.32
In 2001, EPCA had stated that only `clean' diesel technology that runs on diesel fuel with sulphur content less than 10 ppm and is fitted with advanced emissions control devices like particulate traps can be allowed in the city. But even six years later this has not been implemented. But industry has continued to produce intermediate technologies with serious public health consequences. In this circumstance, EPCA has no option but to recommend to the Hon'ble Court, the need to stop the use of diesel in personal transport vehicles in the city of Delhi. This restriction should also be applied to vehicles entering the city from neighbouring states as otherwise, the influx of these vehicles into the city will continue to grow and will negate the gains of pollution control measures.33
2010-National Green Tribunal set up
The National Green Tribunal (NGT) was established under the National Green Tribunal Act 2010 for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues.34
2014
India at the bottom edge of the most polluted countries
The Environment Preference Index (EPI) ranked India 174 out of 178 countries. The EPI is prepared by researchers at Yale and Columbia Universities. However, an overall pollution rating, which includes factors such as health impact and water and sanitation, put India at 155 - China was ranked higher at 118.35A WHO Survey also states that 13 out of the most polluted 20 cities in the world were in India and the capital, Delhi, was the most polluted city in the world. 36
In 2014, the World Health Organisation compiled average annual PM 2.5 numbers for over 1600 cities across the world, including 124 from India. Delhi had the worst air quality in the world by that estimate, but 12 other Indian cities were among the world's worst 20 Patna, Gwalior, Raipur, Ahmedabad, Lucknow, Firozabad, Kanpur, Amritsar, Ludhiana, Allahabad, Agra and Khanna (Punjab)37.
SC raps the Government again
The Supreme Court issued notices to the Centre and to the Delhi, Uttar Pradesh, Rajasthan and Haryana governments on an application to take immediate and adequate steps to prescribe stringent emission standards for both petrol and diesel vehicles to control and reduce air pollution and protect the health and well-being of citizens.
Initiatives/Orders by NGT
=>The Green Bench comprising Justices A.K. Patnaik, S.S. Nijjar and Ibrahim Kalifulla issued notices after hearing senior counsel and amicus curiae Harish Salve bringing to the court's notice the report of the EPCA for the National Capital Region and seeking its immediate intervention.
The report said: "Particulate pollution, a serious public health threat and key target of air pollution control measures, is rising rapidly after initial stabilisation. The annual average PM10 levels were reduced by about 16% between 2002 and 2007. Since then particulate levels have increased dramatically by 75%. During the same decade (2002 to 2012), vehicle numbers have increased by as much as 97%, contributing enormously to pollution load and direct exposure to toxic fume. Studies show that about 55 per cent of Delhi's 17 million people, who live within 500 m from any road side, are directly exposed to toxic vehicular fume."38
=>Taking decisive action to improve Delhi's air quality, the NGT in an order of November 27, banned all vehicles over 15 years old, and ordered pollution checks for all state-run buses and the installation of `air purifiers' in busy markets.
It also asked relevant authorities to crack down on open burning of plastic, leaves and other waste, and parking on tarred roads.39
2015
The year 2015 has so far been marked by a flurry of activities in the efforts to give to the people of Delhi the right to breathe in clean air. The Apex Court and the NGT have continued to give directions and make interventions, at times even suo moto. They have taken some of the state governments, state Pollution Control Boards and the other Public Authorities to task when these authorities have been deficient in following the orders of the Court. Some of the orders/ interventions, in addition to the substantive episodes, in the process to clean the quality of air in Delhi, have been mentioned below.
Judicial Interventions
=>The Delhi High Court on March 4, agreed to hear a PIL seeking directions to the government to take immediate steps to control increasing air pollution in Delhi.
A Public Interest Litigation (PIL) filed by lawyer Sudhir Mishra said that the central government should "formulate plans, policies and programmes to promote healthcare facilities by which the quality of human life and life expectancy is increased". It sought directions to set up of a joint task force to implement strategies to monitor the levels of air pollution in Delhi and to take immediate effective measure to combat and reduce air pollution.40 =>Observing that air pollution in the national capital was "terrible", the Delhi High Court on March 26,directed the Centre as well as an amicus curiae to prepare an action plan with suggestions to address the issue. The bench had taken suomotu cognizance of the issue after taking note of a report that said Delhi was the most polluted city in the world.41
National Air Quality Index launched
National Air Quality Index (AQI), a simple publicly-displayed tool launched by PM Narendra Modi on April 6, will inform people about the quality of air in their vicinity. This colour-coded index was launched in 10 cities initially and would be deployed eventually in all cities with a 1-million plus population. This would show the concentration of six pollutants in air on a real time basis. In the first phase, the index has been launched in Delhi, Agra, Kanpur, Lucknow Varanasi, Faridabad, Hyderabad, Ahmedabad, Bangalore and Chennai.
The AQI is a global standard. It takes multiple data on pollution already available with the country's Central Pollution Control Board and presents them as a colour-coded scale with six levels.42
The new AQI gives Delhi the focus of global attention for its consistently poor air quality, "moderate" air quality over the first week of April for the three monitoring stations for which PM 2.5 was available - Dilshad Gardens, Dwarka and Shadipur. Dwarka was the only location with more "poor" or "very poor" days than "good" or "satisfactory" ones.43
`Very poor' ranking for Delhi
The Environmental Monitoring and Research Centre, which is a nodal agency for India Meteorological Department (IMD) and provides colour-coded air quality rankings for Delhi ranging from "good" to "severe," showed the air quality index for capital city as "very poor." The PM2.5 readings were 235, 223, 246, 254, 216 at Mathura Road, Pusa, Delhi University (North), Dirpur, and IGI Airport, respectively, all of which are "very poor."44
Learning from other countries
In stark contrast with other countries that have air quality warning systems, India does not yet have a mechanism or measures in place to bring down peak pollution levels. Beijing for instance, puts in motion a slew of operations when the warning signal for severe pollution is issued. On such days kindergartens, primary and middle schools are closed, there is a cap on the number of cars allowed on the roads and polluting factories either cut down emissions or shut down completely. Similarly, when the air quality index rose in Paris recently, the city made public transport free and removed almost 50 per cent of the vehicles off the road.45
NGT bans 10-year-old diesel vehicles
The National Green Tribunal (NGT) in an order on April 8, banned all 10-year-old diesel vehicles from plying on Delhi roads, a decision welcomed by the state government as well as experts who also called for tightening emission norms along with banning entry of trucks and buses that aggravate the environmental damage.
=>The court also ordered that all construction activity in violation of the 2010 Urban Township and Area Development Guidelines of the environment ministry be immediately stopped.
=> NGT further directed the Delhi government to present a "reasoned and scientifically supported" argument for its stand on the age of vehicles as well as the plan of action it intended to put in place to tackle rising pollution in the city. 46
However, the tribunal has suspended the implementation of the order till May 25 after the Delhi Government faced difficulty in enforcing the ban on trucks and vehicles using Delhi as transit for proceeding to other destinations in the country. It has also pulled up the Centre for seeking stay on its order on the ground that a research published by IIT-Delhi had contended that vehicles above 10 years give rise to only a "negligible" amount to the air pollution.47
NGT bans irregular construction activities
The NGT on April 10 ordered an immediate halt to all construction activity in the National Capital Region (NCR) that did not follow rules stipulated in the 2010 guidelines of the environment ministry. The latest order was meant to check dust from building construction, transportation of construction and demolition waste, mining and other such activities. The green tribunal also announced a fine of Rs.50,000 on a builder for not following its orders regarding conditions at construction site and Rs.5,000 for violation during transportation of construction material.
For the safety of workers involved in construction, the tribunal directed builders to provide workers with masks to prevent inhalation of dust particles and bear medical costs in case of any health problem to workers.48
Appeal dismissed by Apex Court
The SC on April 13, dismisses appeal by Rajasthan State Industrial Development and Investment Corporation challenging an NGT order and held that, "Green tribunals are in reality reacting to the need of the people today." 49
Finally- Some action by the Delhi Government
The Delhi government on April 13, issued directions to all 11 deputy commissioners to carry out surprise checks and regular inspections in their respective areas to crack down on open burning of waste, including leaves and plastic.50
On the same day, all government agencies of Delhi, Haryana, Uttar Pradesh and Rajasthan on Monday came out with their joint three-month action plan to check air pollution in the NCR. The action plan included strict action against polluting vehicles in Delhi, phasing out of 18 coal-based industrial units in Ghaziabad, ban on registration of non-BS IV compliant vehicles in Haryana and stepping up efforts to phase out three old polluting power-generating units of the NTPC's Badarpur Thermal Power Plant in the Capital.
The action plan was prepared in a joint meeting of environment ministers/officers of Delhi, Haryana, Rajasthan and Uttar Pradesh here and was chaired by the Union environment and forests minister Prakash Javadekar.51
NGT asks for status report
NGT in its order on April 17, made the following observations: "It is undisputable that the main contribution to the high pollutants in the air of Delhi is from three different sources; i.e., vehicular, burning of material and dust arising from construction. All these three sources of pollutants are not only in Delhi but are even from the NCR Delhi i.e. Gurgaon, Faridabad, Nodia, Bahadurgarh, Ghaziabad, Kundli etc. Let notice be issued to the Chief Secretaries of the State of Uttar Pradesh, State of Haryana and State of Rajasthan. Notice shall also be issued to all the heads of the Public Authorities, the Pollution Control Boards and the Department of Environment of all these respective States. They shall submit a clear status report before the Tribunal as to what steps have been taken by them so far for prevention and control of air pollution in NCR, Delhi particularly from the respective States".52
DPCC issues notice
The Delhi Pollution Control Committee (DPCC) on April 20, issued notices to 172 ongoing construction projects in the city. The polluters were directed to submit reports on the current status of construction and steps being taken by them for compliance of the Ministry of Environment and Forests Guidelines, 2010, on prevention of dust and garbage accumulation on their sites.53
Open burning of waste banned
The National Green Tribunal in an order on April 28, banned burning of waste in the open. It also announced a fine of Rs 5,000 on anyone who is caught burning dry leaves, plastic, rubber or any other waste material in NCR.54
Conclusion
Delhi is a city swamped by toxic fumes so harmful, that Delhites are literally breathing poison. Some other reports such as the ones by Energy and Resources Institute (TERI) and the International Council for Clean Transportation (ICCT), presented at a workshop in 201255 reveal that the alarming pollution levels have blackened Delhi's air to such an extent that it ranks alongside coal town Jharia and unregulated industrial hubs like Ludhiana, Raipur and Kanpur.
A survey conducted by Breathe Blue'15 in four cities reveals that Delhi children are the worst affected with 21% having poor lung capacity and another 19% showing lung capacities that can be termed as "bad" due to rising air pollution levels.56 This confirms our worst fears. Young lungs are being killed by the poisonous air of Delhi. The situation now is so desperate and critical that it calls for fresh and aggressive policy initiatives and their effective and judicious implementation, with the involvement of all stakeholders such as the state, civil society, statutory committees, and the Courts. The Judiciary has been at the vanguard in the efforts to rein in air pollution, stepping in when executive and legislative agencies have been apathetic and at times recalcitrant. The judicial intervention continues to this day and appears to be an efficacious engine of change.
The Government of National Capital Territory of Delhi after the push from the vigilant Courts has been compelled into taking some action to reduce the level of air pollution in the city. These have included policies to relocate industry, to improve fuel standards, to encourage the use of CNG, etc. However, these ad-hoc and piecemeal strategies have lacked coherence and have not been stringent enough to ensure compliance. It seems that there is a general air of complacency and lack of political will to make tackling air quality a top priority.
The total disease burden attributed to pollution is considerably more in developing countries where traditional sources of pollution such as industrial and vehicular emissions, poor sanitation, inadequate waste management, contaminated water supplies and exposures to indoor air pollution from biomass fuels affect large numbers of people. These factors are common knowledge and have been critical in raising the level of environmental toxicity to such dangerous heights and ought to have been managed and controlled earlier. So how has the situation been allowed to spiral so out of control? Before the Judiciary had intervened, was there no prescience of the imminent crisis? The lack of any preemptive strategy is not just a government failing, but a general political one: the result of the inability of all major parties to foresee this and formulate a comprehensive, sustainable national clean air policy.
As for future initiatives, the existing pollution control prescriptions not only need to be strengthened and amplified, but a series of tougher measures also ought to be recommended. One of such could be the imposition of civil penalties for non compliance of environmental law. This is a natural corollary of the Polluter Pays Principle (PPP), which connotes that polluters should be made to pay for damages that they cause to the health and property of others. The Judiciary in India has recognized this principle and held that "the PPP means that absolute liability of harm to the environment extends not only to compensate the victims of pollution, but also to the cost of restoring environmental degradation. Remediation of damaged environment is part of the process of sustainable development and as such polluter is liable to pay the cost to the individual sufferers as well as the cost of reversing the damaged ecology…."57
Some of the actionable strategies to address air pollution could be the promotion of public transport with efficient last mile connectivity. More frequent checking of Pollution under Control Certificates needs to be undertaken by the civic authorities to ensure that vehicular emissions are within permissible norms. People need to be educated to switch-off their vehicles when waiting at traffic intersections. Also, the ever-increasing influx of migrants can be reduced by developing and creating job opportunities in the peripheral and suburban areas, and thus prevent further congestion of the already-choked capital city of Delhi. The government can also learn a thing or two from the example of Beijing where the air was as toxic as Delhi's a couple of years ago. China's response to the problem was swift and it managed to address the crisis effectively through a plethora of strategies that were tough, aggressive and effective.
It may also be added here that the role of the Judiciary in the management and rectification of environment, though significant, is not enough. Participation and involvement of the civil society and media cannot but be overemphasized. It is crucial in monitoring compliance with rules and standards, offering prescriptions and promoting awareness so that all citizens spontaneously strive for their right to a healthy environment, independent of political goals, commercial interests or immediate financial rewards. The Centre for Science and Environment has recommended a number of air pollution control strategies for the Delhi government and prescribed stringent action against visibly polluting vehicles, one of the most pernicious sources of air pollution. We are at the brink of an impending catastrophe, but at the same time the situation is not entirely irremediable, as yet. The efforts to bring down air pollution need to be executed with renewed vigour, firm political will and out of the box ideas. We have to pass on a world that has not been irreparably damaged by our actions as it is the right of the future generations to inherit a clean, healthy, and sustainable environment, an environment that we inherited from our ancestors.
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9 `Bad air can cripple heart, cause cancer ', Times of India, June 2, 2015
10 `Relocating Polluting Units by Vinish Kathuria ', Economic and Political Weekly, Jan 20, 2001
11 Writ Petition No Writ Petition (civil) 13029 of 1985, available at http://www.indiaenvironmentportal.org.in/files/file /April%202002.pdf&embedded=true (Last visited on May 12, 2015)
12 `Role of the Court and Executive in Environmental Policymaking'- Urvashi Narain and Ruth Greenspan Bell; available at http://www.rff.org/Documents/RFF-DP-05-48.pdf&embedded=true (Last visited on May 12, 2015) 14 "This position has been reiterated by the Apex Court in Sector 14 Residents Welfare Association and Ors. v. State of Delhi and Ors, [1999] l SCC 161. It is the authority which had directed the phasing out of non-CNG buses
".(M.C. Mehta vs Union Of India And Ors on 5 April, 2002), available at http://www.indiaenvironmentportal.org.in/files/file /April%202002.pdf&embedded=true (Last visited on June 1, 2015)
15Supra 12
16 Compressed Natural Gas in India- Contemporizing the Delhi Pollution case, available at http://www.environmentaljournal.org/3-3/ujert-3-3-7.pdf&embedded=true (Last visited on June 1, 2015)
17Supra 12
18 Supra 12
19 World Development Report, 1992 available at file:///C:/Users/ADMIN/Downloads/WDR%201992%20-%20English.pdf&embedded=true (Last visited on May 26, 2015)
20 `Relocating Polluting Units ' by VinishKathuria; Economic and Political Weekly, Jan 20, 2001
21Ibid
22Supra 12
23 White Paper on Pollution in Delhi with an action plan, available at http://www.moef.nic.in/divisions/cpoll/delpolln.html
(Last visited on June 4, 2015)
24Vehicular pollution is considered to be a major source of air pollution in Delhi. Delhi 's registered vehicular population has reached to nearly three times to 7.6 million from 2.2 million in 1994, registering a growth rate of 14% per annum. As per Central Pollution Control Board, the vehicular pollution load in Delhi increased by nearly 50% in 1995-96 from 1990-91. However, a decrease has been witnessed in recent years with the im plementation of several control measures; This information available at http://www.delhi.gov.in/wps/wcm/connect/doit_transport/Transport/Home/Pollution+Control/ (Last visited on June 4, 2015)
25Air Pollution in Delhi- Its Magnitude and Effect on Health; available at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3612296/
(Last visited on June 4, 2015)
26Vehicular Pollution in Delhi; available at http://envis.mse.ac.in/problems%20pdf VEHICULAR% 20POLLUTION% 20IN% 20DELHI.pdf&embedded=true (Last visited on May 12, 2015)
27 Method behind the madness, available at http://www.indiaenvironmentportal.org.in/content/6127/method-behind-the-madness/
(Last visited on June 4, 2015)
28 `Death by breath: What 's happening with Delhi air will leave you gasping for breath', Indian Express, April 4, 2015 available at http://indianexpress.com/article/india/india-others/death-by-breath-an-exhaustive-series-on-delhis-air-pollution/
(last visited on May 12, 2015)
29Supra 20 , VinishKathuria (EPW)
30`While you are sleeping, 80, 000 trucks enter Delhi every night, poison on wheels ' available at http://indianexpress.com/article/india/india-others/while-you-are-sleeping-80000-trucks-enter-delhi-every-night-poison-on-wheels/ , Indian Express, April 3, 2015 (Last visited on June 5, 2015) 31 Case No.: Writ Petition (civil) 13029 of 1985 Petitioner: M.C. Mehta Respondent: Union Of India and Ors. Date Of Judgment: 05/04/2002 Bench: B.N. Kirpal& V.N. Khare& Ashok Bhan available at (http://www.indiaenvironmentportal.org.in/files/file /April%202002.pdf&embedded=true (Last visited on June 5, 2015) 32EPCA Report No 32 ( In the matter of W.P. (C) No.13029 of 1985; M.C. Mehta v/s UOI & others) 33 Available at http://cseindia.org/userfiles/dieselization.pdf&embedded=true (Last visited on May 12, 2015) 34 Available at http://envfor.nic.in/rules-regulations/national-green-tribunal-ngt (Last visited on June 4, 2015) 31 Case No.: Writ Petition (civil) 13029 of 1985 Petitioner: M.C. Mehta Respondent: Union Of India and Ors. Date Of Judgment: 05/04/2002 Bench: B.N. Kirpal& V.N. Khare& Ashok Bhan available at (http://www.indiaenvironmentportal.org.in/files/file /April%202002.pdf&embedded=true (Last visited on June 5, 2015)
32EPCA Report No 32 ( In the matter of W.P. (C) No.13029 of 1985; M.C. Mehta v/s UOI & others)
33 Available at http://cseindia.org/userfiles/dieselization.pdf&embedded=true (Last visited on May 12, 2015)
34 Available at http://envfor.nic.in/rules-regulations/national-green-tribunal-ngt (Last visited on June 4, 2015) 35 `Delhi air pollution higher than Beijing, report denied' Available at :http://www.bbc.com/news/world-asia-india-25957405 (Last visited on June 4, 2015)
36`India launches Air quality index to give pollution information ' available at :http://www.bbc.com/news/world-asia-india-32193742
(Last visited on June 4, 2015)
37Govt moves to clear the air, The Hindu, April 7, 2015, available at http://www.thehindu.com/news/national/worsening-pollution -government-moves-to-clear-the-air/article7074813.ece
38SC issues notice to Centre, Delhi on air pollution, The Hindu, Feb 11, 2014, available at http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/supreme-court-issues-notice-to-centre-delhi-on-air-pollution/article5675670.ece
39Green Court bans old vehicles, waste burning, The Hindustan Times, Nov 27, 2014 available at http://www.hindustantimes.com/newdelhi/green-court-bans-old-vehicles-waste-burning/article1-1290512.aspx (Last visited on June 4, 2015)
40`High Court to hear plea on increasing air pollution in Delhi ' available at http://ibnlive.in.com/news/high-court-to-hear-plea-on-increasing-air-pollution-in-delhi/532055-3-244.html (Last visited on June 5, 2015) 41` High Court seeks Centre 's plan to curb air pollution ' available at http://www.asianage.com/delhi/high-court-seeks-centre -s-plan-curb-air-pollution-137 (Last visited on June 5, 2015)
42`Govt. moves to clear the air ', available at http://www.thehindu.com/news/national/worsening-pollution-government-moves -to-clear-the-air/article7074813.ece (Last visited on June 5, 2015)
43`Bengaluru fares worse than Delhi in air quality,' available at http://www.thehindu.com/news/national/air-quality-levels -bengaluru-fares-worse-than-delhi/article7074817.ece (Last visited on June 5, 2015)
44 `Delhi's air quality continues to stay at very alarming levels,'available at http://www.asianage.com/delhi/delhi-air-quality-continues-stay-very-alarming-levels-876 (Last visited on May 11, 2015)
45The Hindu, April 7, 2015, available at http://www.thehindu.com/news/national/central-pollution-control-board-officials-stress -need-for-uniform-air-quality-data/article7074818.ece (Last visited on May 11, 2015) 46 Compiled from various media reports47The Ministry of Road Transport & Highways had referred to an article written by four professors of IIT-Delhi on the subject "Benchmarking vehicle and passenger travel characteristics in Delhi for on Road Emissions Analysis" and said that "age" cannot be considered as a salient factor for contributing pollution in Delhi, NCR; available athttp://www.ndtv.com/delhi-news/ban-on-diesel-vehicles-national-green-tribunal-extends-stay-pulls-up-centre-764043
(Last visited on May 27, 2015)
48livemint, April 11, 2015 http://www.livemint.com/Politics/D4aXLrKa18fYHJMmN2RQUI/NGT-orders-to-stop-construction-in -NCR-if-2010-green-norms-n.html, (Last visited on June 5, 2015))
49http://timesofindia.indiatimes.com/city/delhi/SC-upholds-ban-on-15-year-old-vehicles/articleshow/46994457.cms (Last visited on June 1, 2015)
50http://timesofindia.indiatimes.com/city/delhi/Govt-cracks-whip-on-open-waste-burning/articleshow/46901830.cms
(Last visited on June 1, 2015) 51http://timesofindia.indiatimes.com/city/delhi/Govt-comes-out-with-three-month-action-plan-to-curb-air-pollution-in-the-NCR /articleshow/46908342.cms (Last visited on June 1, 2015)
52http://www.indiaenvironmentportal.org.in/files/rising%20air%20pollution%20Delhi%20NGT.pdf&embedded=true (Last visited on June 1, 2015)
53The Hindu, April 20, 2015http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/notices-to-172-construction-projects -for-flouting-norms/article7120688.ece ( Last visited on June 2, 2015)
54Times of India, April 29, 2015, http://timesofindia.indiatimes.com/india/Rs-5000-fine-for-burning-waste-in-NCR-says-NGT /articleshow/47090493.cms (Last visited on June 2, 2015) 55http://www.dailymail.co.uk/indiahome/indianews/article-2170277/Choked-Delhis-pollution-level-fives-times-worse-just-years -ago-experts-warn-air-quality-noxious-Jharia-coal-town.html (Last visited on May 27, 2015)
56 Deadly air: 40% children in Delhi have weak lungs, finds survey of four cities; available at http://www.hindustantimes.com/newdelhi/40-children-in-the-capital-have-weak-lungs-finds-survey-of-four-cities/article1-1354718.aspx (Last visited on June 4, 2015)
57 Writ Petition No. 657 of 1995, dated Feb 4, 2005 (http://www.legalserviceindia.com/article/l54-Interpretation-of-Polluter-ays -Principle.html ) (Last visited on June 3, 2015)
