Delhi’s air pollution crisis isn’t just an environmental challenge, it’s a legal and human rights issue, says senior lawyer Jasmine Damkewala. In an interview with Shekhar Singh, Damkewala, a member of both Supreme Court and Delhi High Court bar associations, discusses factors contributing to the city’s deteriorating air quality. Excerpts:
Could you elaborate on the judiciary’s role in combating air pollution in Delhi?
In recent years, the judiciary has become a central figure in tackling air pollution. Ideally, it is the responsibility of the state government to enforce legislation, implement policies, and issue local orders. However, year after year, these efforts have fallen short. For instance, while policies to curb vehicular pollution, construction activities, and waste are in place, their enforcement remains inconsistent.
Every winter, crop burning in neighboring states adds to the chaos, highlighting the failure of state mechanism. This is where the judiciary steps in, especially through PILs and writ petitions. Even the National Green Tribunal (NGT) plays a vital role by issuing swift and effective directives. In essence, the judiciary has been the guardian of people’s right to clean air.
How do laws like the Air (Prevention and Control of Pollution) Act, 1981, and the Environment Protection Act, 1986, address the pollution crisis?
These laws are indispensable for enforcing environmental standards. These Acts provide the legal framework for tackling air pollution. Without such statutes, implementing anti-pollution measures would be impossible.
Delhi, being an urban hub, often requires clear, enforceable norms. These laws serve as a backbone for holding violators accountable. However, mere legislation isn’t enough.
What is your assessment of the Graded Response Action Plan (GRAP)?
The GRAP is a well-researched policy and a structured approach to address air pollution in Delhi-NCR. However, it appears that the anti-pollution measures were not implemented in a timely manner and we let things slip which is why the GRAP appears to have been ineffective in curbing pollution. The result was the week-long unbearable levels of air pollution. A fresh look is also required to upgrade the benchmarks for response.
Are existing penalties for industrial and vehicular pollution sufficient to act as deterrents?
The existing penalties are not commensurate with the industrial and vehicular pollution in a manner that they may act as deterrents. The principle of environmental law is that the polluter pays but in the present times, the penalties do not compensate enough to be able to reverse the damage or rehabilitate the environment.
How do international environmental treaties and obligations influence India’s legal response?
International Treaties on Air Pollution such as the United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement of 2015 on climate change, the Vienna Convention in 1985 for the Protection of the Ozone Layer and the Montreal Protocol of 1987 and many others have paved the way for countries to map their response. India is seen to be effectively influenced by these treaties.