Transboundary Air Pollution And Human Rights Obligations Of States: An Indian Perspective
- IJLLR Journal
- 7 hours ago
- 1 min read
Taniya Sunu, VIT School of Law, Chennai.
Dr. Arun D Raj, Professor, VIT School of Law, Chennai.
ABSTRACT
Transboundary air pollution poses a significant and real threat to environmental sustainability and public health, particularly in regions such as South Asia, where political boundaries often intersect with shared airsheds. This paper explores the phenomenon of transboundary air pollution from an Indian perspective, focusing on its implications for human rights and the legal obligations of States and examines the intersection of environmental degradation and fundamental rights, such as the right to life and health, through a detailed analysis of international treaties, constitutional provisions, national environmental laws, and judicial decisions. The paper highlights the limitations of India's current legal framework in addressing pollution originating outside its borders and calls for the integration of a rights-based, regionally coordinated approach to air quality management. Based on a public perception survey, an empirical component reveals low awareness but strong support for legal reforms and regional cooperation. The study concludes by providing practical recommendations for legal, institutional, and diplomatic reforms aimed at strengthening India's response to transboundary air pollution while fulfilling its human rights commitments. This research contributes to the debate on environmental justice and regional governance by connecting doctrinal analysis with public opinion and policy reform.
Keywords: Transboundary air pollution, human rights, environmental law, India, regional cooperation, environmental justice
