On the right to a healthy environment, Pg8

Key Highlights:

• Delhi's winter air pollution causes health issues, with government measures like work-from-home and hybrid school models offering limited relief.
• Particulate matter (PM), especially PM2.5 and Diesel Particulate Matter (DPM), poses severe health risks, leading to amended Graded Response Action Plan (GRAP) guidelines.
• The Supreme Court has interpreted Article 21 to include the right to a clean environment, obligating the state to protect the environment.
• Principles like the precautionary principle, the polluter pays principle, and the public trust doctrine are vital for environmental protection during disasters.

Detailed Insights:

• Air pollution is caused by burning fossil fuels, transport, industrial processes, waste management, demolition, and agriculture, with particulate matter being the most dangerous.
• The Commission for Air Quality Management (CAQM) has mandated school closures in Delhi and NCR under GRAP Phases 3 and 4, and state governments must stagger public office timings.
• Articles 48A and 51A(g) of the Constitution assign environmental protection responsibilities to the state and citizens, aiming for compatibility between agriculture and environment.
• The judiciary uses Public Interest Litigations (PILs) under Articles 32 and 226 to balance economic development and environmental protection, recognizing a healthy environment as part of a welfare state.
• The concept of absolute liability applies to disasters involving hazardous substances, while the precautionary principle and polluter pays principle guide environmental protection measures.
• The public trust doctrine views the state as a trustee of resources for the people's benefit, as reflected in Article 39 of the Constitution and the Directive Principles.
• The Supreme Court has recognized the right against adverse effects of climate change as part of the right to life under Article 21 and the right to equality under Article 14.

Key Concepts Involved:

• Particulate Matter (PM): Microscopic solid or liquid matter suspended in the air, posing health risks.
• Graded Response Action Plan (GRAP): A set of measures to combat air pollution based on air quality levels.
• Public Trust Doctrine: The principle that the government holds natural resources in trust for the public benefit.