GS 3: Environment & EcologyGS 2: PolityGS 2: Governance

Decoding air pollution concerns in Delhi-NCR, Pg8

Analysis reveals shift from 'Polluter Pays Principle' to 'Government Pays Principle' in India's environmental jurisprudence, impacting pollution control.

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Key Highlights:

  • Vehicular emissions are the primary source of air pollution in Delhi-NCR, specifically PM2.5 and toxic gases.
  • The 'polluter pays principle' (PPP), established in Indian law in 1996, aims to make polluters liable for environmental damage.
  • The European Court of Justice's Standley case introduced the concept of proportionality to the PPP.
  • The Convention on Long-Range Trans-boundary Air Pollution (CLRTAP) recognizes that air pollution is not just local.
  • Indian courts have focused on compensation and environmental restoration, shifting towards a government-pays principle.

Detailed Insights:

  • While stubble burning is often blamed, vehicular emissions are a major source of pollution in Delhi, releasing harmful substances.
  • The PPP faces challenges in cases with multiple pollution sources and transboundary issues, requiring cooperation between entities.
  • The Standley judgment suggests that farmers cannot be solely liable for air pollution when other sources contribute.
  • CLRTAP and the ASEAN Agreement highlight the long-range impact of air pollution, necessitating international cooperation.
  • Indian environmental laws have created authorities with powers to protect the environment, but they face administrative challenges.
  • The Indian judiciary emphasizes welfarism, often requiring the government to bear the costs of monitoring air pollution.
  • Environmental duties of individuals are often overlooked in India, with more focus on rights than responsibilities.

Key Concepts Involved:

  • Polluter Pays Principle (PPP): The principle that those who cause pollution should bear the costs of managing it to prevent damage to human health or the environment.
  • Trans-boundary Pollution: Pollution that originates in one country but affects another due to the movement of pollutants across borders.
  • PM2.5: Fine inhalable particulate matter with a diameter of 2.5 micrometers or less, which can cause serious health problems.
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