THE CENTER’S NEW LAW TO TACKLE POLLUTION (Air Pollution Law)
Over the last couple of years, the air quality in the National Capital Region of India has been depleting consistently. Every year, post-Diwali, it becomes difficult to breathe outdoors without a mask. So, this year, the center decided to take an action to help the air quality of our Nation’s capital and brought in a new law through an Ordinance.
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WHAT IS THIS NEW LAW?
Under this new law for air pollution, a permanent and powerful, 20-member commission has been set up. It has the power to take mitigation measures, issue directions/ orders Suo moto and entertain complaints under any existing laws such as the Environment (Protection) Act of 1986, Air (Prevention and Control of Pollution) Act of 1981, etc. It will also be provided with the power to prohibit any activity that is likely to cause air pollution in the NCR and adjoining areas.
The commission seeks to ensure better air quality management through strict measures, proper research, better coordination, as well as identification and resolution of problems.
According to the law, any non-compliance to the rules and orders of the commission will result in a punishable offense with a jail term of up to five years or with up to Rs. 1 crore or both.
The law also enshrines the commission with the power to take action against the head of a department if the particular department is found to be guilty of the offenses/violations of the order/direction of the Commission.
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WHO WILL THIS COMMITTEE CONSIST OF?
The commission will be headed by a full-time chairperson of the rank of Secretary or Chief Secretary and will consist of three sub-committees, each with a specific objective. The first committee will work on- “Monitoring and identification”, the second on- “Safeguarding and Enforcement” and the third one on- “research and development”.
According to the law passed, the commission will consist of a secretary in the Union environment ministry, senior officials from Delhi, Punjab, Haryana, UP, and Rajasthan. The commission will also consist of one technical member from the Central Pollution Control Board (CPCB), representatives from NITI Aayog as well as several central ministries like transport, urban affairs, and petroleum & natural gas. Apart from politicians and bureaucrats, this commission will also consist of experts from scientific institutions and NGOs.
The selection committee headed by the Union Environment Minter has been assigned the task of recommending names for the post of Chairperson and other members of this commission.
IN CONCLUSION
This law was long due to the sorry state the air quality of NCR is in today. But there have been other laws to prevent stubble burning, control excessive air pollution by industries, etc. to help manage the air quality in and around the capital region. But they have failed miserably due to a lack of proper implementation and proper action against offenders.
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So, even though this law seems like a big step on paper, but it will need the proper implementation to ensure that it lives up to its purpose. Also, there is a need to expand the scope of this law beyond the National Capital region as recent reports have suggested the practice of stubble burning has spread to other parts of the west and south India, threatening the air quality in those parts as well.
The government has done its part by passing a law, but we as citizens also need to do our part to prevent the quality of air from further depletion. Especially when we consider how the ongoing virus has compromised everyone’s immunity system.
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