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1. Pursuing a Clean Air Agenda in India During the COVID Crisis

Author:
Santosh Harish and Shibani Ghosh
Publication Date:
07-2020
Content Type:
Special Report
Institution:
Centre for Policy Research, India
Abstract:
Air quality was gradually gaining political salience in India in the last few years, but COVID-19 and the deepening economic recession may now change the speed, and possibly the direction, of progress. The aim of this report is to begin the process, even amidst uncertainties, of understanding the effects of the COVID crisis on the air quality discourse in the country, and on the mitigation efforts already underway. We begin with a brief overview of the air quality improvements observed during the lockdown, and then identify some likely implications of the pandemic on how we frame the air quality problem. In view of state actions and public response during the COVID crisis, how should we, if at all, adapt our current framing of air pollution as a public health crisis? In the next section, we discuss broad financial, regulatory and institutional implications: in particular, the need to engage with the available funding channels to initiate and sustain measures to improve air quality amid significant fiscal constraints. There is a worrying erosion of environmental safeguards, which may – in part – be justified as a prerequisite to restarting the economy, and facilitating “ease of doing business”. Given that air quality management in India needs a multi-pronged approach across disparate sources, we then reflect on how the disruptions affect each of the major sources, and the resultant opportunities and challenges.
Topic:
Environment, Governance, Pollution, Public Health, and COVID-19
Political Geography:
South Asia and India

2. Reforming the Liability Regime for Air Pollution in India

Author:
Shibani Ghosh
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
Topic:
Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
Political Geography:
South Asia, India, and Asia