Nabila Jamal, BA. LLB. (Hons), Manipal University, Jaipur
ABSTRACT
Air pollution is one of the most important worldwide issues, with far- reaching implications for human health, the environment, and social fairness. These are divided into more vulnerable populations: children, the elderly, and economically poor communities, all of whom are exposed to higher levels of pollutants and suffer from more severe health consequences. This paper examines legal frameworks designed to reduce air pollution by first focussing on key international agreements like the Stockholm Declaration and the Paris Agreement, followed by national legislative efforts like the Indian Air (Prevention and Control of Pollution) Act and the United States Clean Air Act. The paper illustrates through this analysis that, despite the progress made through these legal mechanisms, the obstacles in this issue of air pollution remain obvious difficulty in enforcing such rules, industrial pressures, and the complexities of cross-border pollution. Enforceable loopholes, caused by poor execution, limited resources, and political will, weaken the effectiveness of these sophisticated legal systems.
Industrial resistance, motivated by economic interests, hampers efforts to implement tighter pollution control measures, while cross-border pollution presents difficulties in assigning clear blame between nations. In this context, judicial activism has been crucial in holding polluters accountable, with major court rulings highlighting the importance of strong environmental protection. The courts have obliged both governments and industries to make substantial efforts to address environmental degradations by broadening the scope of environmental laws and invoking constitutional rights such as health and life. The study advocates for a more comprehensive and enforceable strategy to air pollution control, including strengthened legal frameworks, as well as clearer and more accurate definitions of pollutant levels.
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