This article examines the current situation of India and related caselaws.With the development and the Industrialization, environmental preservation has becomes serious concern. The rising power, India, has been facing the enviromental pollution due to the rapi development and lack of implimentation of environmental pollution control standards.
Enviroment is directly related with the article 21 of Indian Constitution which deals with right to life of individual.The two main laws that regulates the laws related to the air pollution in India are: The Air (prevention and Control of Pollution) Act, 1981 (air act) The objective of the Air act 1981 is to preserve the quality of air and the control of air pollution. As the air pollution is directly related to the enviroment so the second act which is related to the air pollution is Enviroment (protection) act, 1986 EPA.
Some landmark cases
- Bhopal Disaster Case
In december 1984, the worst industrial accident was occurred tons of Methyl Isocyanate (MIC) gas mixed with the other piosonous gases and affected thousands of people.
- MC Mehta (Taz Trapezium Matter) v. Union of India
Huge numbers of industries were around the Taj Mahal. The main responsible factors for polluting the Taj Mahal are industries/refinery emission, vehicular traffic an generator-sets. The petition states that the colour of the marble of taj mahal is changing from whitish to yellowish and blackish.
Principles lay down in this case were
- Sustainable development.
- Precautionary principle.
- Polluter pays principle.
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