Air Pollution A Silent Killer, Multi-Sectoral Challenge In India: Kerala High Court

Air Pollution A Silent Killer, Multi-Sectoral Challenge In India

Case: Vodafone Idea Ltd v. Kerala State Pollution Control Board & Ors.

Coram: Justice N. Nagaresh

Case No.: WP(C) NO. 17676 OF 2022

Court Observation: “Air Pollution is a silent killer. The air pollution levels in India are considered as high. Exposure to Particulate Matter 2.5 can cause deadly illnesses like lung cancer, stroke and heart diseases. The health impacts of pollution have a cost on the Nation’s economy also. Sectors such as Agriculture, Industry, Power, households and Transport, all contribute to Particulate Matter emission.”

“The air pollution challenge in India is multi-sectoral and multi-jurisdictional. The Union and States and the Central and State Pollution Control Boards are taking on the challenge in all possible ways.”

“In India, Diesel Generators are widely used for continuous power backup. When diesel burns, it emits unburned hydrocarbons, carbon monoxide, nitrogen oxides or Particulate Matters (PM) into the air. According to the World Health Organisation, the safety limits of these Particulate Matter is 23 micrograms per cubic metre. DG sets cause the density to increase up to 300 micrograms per cubic metre.”

“It has to be kept in mind that emission of Particulate Matter, however little it may be, is harmful to Public Health. The order of the State Board is to retrofit emission control devices with Particulate Matter capturing efficiency of at least 70%.”

“Improvement of Public Health is a Directive to the State under Article 47 of the Constitution. Ext.P5 Order therefore is intended to achieve a laudable objective. It does not violate any of the fundamental or statutory rights of the petitioner.”

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