CHAPTER 1

INTRODUCTION

1.1 General

The issue of environmental pollution, specifically air and water pollution, presents a
substantial predicament in India that necessitates immediate focus owing to its profound
implications for human well-being, ecological systems, and the pursuit of sustainable
development. The nation's expeditious process of industrialization, coupled with the increase
in population and urban development, has resulted in the worsening of pollution levels,
rendering air and water pollution as pressing concerns necessitating thorough examination
and efficacious remedies. The levels of air pollution in India have reached concerning
proportions, as evidenced by the consistent inclusion of major cities in the global rankings of
the most polluted urban areas. Based on the data provided by the Global Air Quality Index, it
is observed that as of 2021, India is home to 22 out of the top 30 cities with the highest levels
of air pollution globally.1 Delhi, the designated capital city of India, has garnered significant
attention due to its alarming levels of air pollution. The urban area frequently encounters
severe episodes of smog, commonly referred to as "smog emergencies," during which levels
of air pollution surpass the safe thresholds recommended by the World Health Organization
(WHO). These episodes are frequently intensified by particular occurrences, such as the
incineration of crop residues in adjacent agricultural areas or the detonation of firecrackers
during festivities like Diwali. Prolonged exposure to polluted air has been associated with
severe consequences, including an increase in respiratory illnesses, hospital admissions, and
premature deaths.

Water pollution is a significant and urgent issue in India. The contamination of the nation's
water bodies, such as rivers, lakes, and groundwater sources, is a pressing issue that stems
from various contributing factors. The degradation of water quality is attributed to various
factors, including industrial effluents, untreated sewage, agricultural runoff containing
pesticides and fertilizers, and improper waste disposal. The Ganga (Ganges) and Yamuna
rivers, renowned for their profound cultural and religious importance, have experienced a
significant degradation in water quality due to pollution. As an illustration, the Ganga River,
which holds profound religious significance for a multitude of individuals, has experienced
1
“Air Pollution in India: Major Issues and Challenges. Air Pollution in India: Major Issues and Challenges | TERI.
Available at: https://www.teriin.org/article/air-pollution-india-major-issues-and-challenges. (Last visited on July
13,2023).”
significant pollution due to the discharge of industrial waste, sewage, and religious offerings.
Despite diligent attempts to mitigate the contamination in these rivers, the levels of pollution
persist at concerning magnitudes. The pollution in question has adverse impacts on both
aquatic life and ecosystems, while also presenting a significant threat to human health. This is
particularly concerning due to the fact that a substantial number of individuals rely on these
water sources for essential activities such as drinking, bathing, and agricultural practices.
Several notable incidents and studies serve as poignant examples to underscore the severity
of the air and water pollution problem in India. According to the "State of Global Air 2020"
report, the combined impact of outdoor and household air pollution was responsible for an
estimated 1.67 million premature deaths in India during the year 2019. 2 According to the
findings of the Lancet Commission on Pollution and Health, it was determined that India had
the highest incidence of pollution-related fatalities on a global scale. The aforementioned
statistics underscore the pressing necessity for the implementation of efficacious pollution
control measures.

Case studies provide additional evidence to demonstrate the severe ramifications of air and
water pollution in India. The 1984 Bhopal gas tragedy is widely regarded as one of the most
devastating industrial disasters in global history. The emission of hazardous gas from a
pesticide facility owned by Union Carbide led to the loss of numerous lives and the
occurrence of enduring health consequences.3 This occurrence highlights the significance of
implementing rigorous regulations for industrial pollution control and disaster management.
The case of Bellandur Lake in Bengaluru serves as an illustrative example of the
repercussions associated with water pollution. The Bellandur Lake, formerly a picturesque
aquatic ecosystem, has undergone severe contamination due to the discharge of untreated
sewage, industrial effluents, and solid waste. 4 In the year 2017, the ignition of the lake
occurred as a consequence of the heightened concentration of hazardous pollutants, thereby
manifesting a vivid and compelling portrayal of the prevailing crisis of water pollution. The
aforementioned incidents, in conjunction with concerning statistical data and scholarly
research, underscore the pressing nature and gravity of the air and water pollution issue in
India. The government has enacted a range of legislative measures and regulatory
2
“Air pollution now biggest health risk in India, says report. Air pollution now biggest health risk in India, says
report - The Hindu. 2020. Available at : https://www.thehindu.com/news/cities/Delhi/air-pollution-now-
biggest-health-risk-in-india-says-report/article32912916.ece (Last visited on July 13 , 2023).”
3
“Broughton E. (2005). The Bhopal disaster and its aftermath: a review. Environmental health : a global access
science source, 4(1), 6. Available at : https://doi.org/10.1186/1476-069X-4-6 (Last visited on July 13,2023).”
4
“Chandrashekar, J. S., Babu, K. L., & Somashekar, R. K. (2003). Impact of urbanization on Bellandur Lake,
Bangalore--a case study. Journal of environmental biology, 24(3), 223–227.”
frameworks to tackle these concerns; however, ensuring efficient enforcement and successful
implementation continue to pose significant obstacles.

1.2 Importance of Study

The subject matter of "Law Relating to Air and Water Pollution in India: A Critical Study" is
of considerable significance and pertinence within the contemporary environmental context.
The issue of environmental pollution, specifically air and water pollution, has become a
significant global concern, with implications for human well-being, ecological equilibrium,
and the pursuit of sustainable development. India is confronted with significant
environmental pollution challenges due to its rapid industrialization, burgeoning population,
and urbanization. Comprehending the legal framework is of paramount importance as it
facilitates the identification of the merits, limitations, and deficiencies inherent in the extant
legislation and regulations concerning air and water pollution. This analysis offers valuable
perspectives on the efficacy of current legislation, the obstacles encountered during its
implementation and enforcement, and the possible avenues for enhancement. Through the
implementation of a comprehensive examination of the legal framework, the primary
objective of this research endeavor is to make a scholarly contribution to the current corpus
of knowledge by elucidating the distinct legal intricacies pertaining to air and water pollution
within the context of India. Moreover, this study bears practical significance for
policymakers, legal professionals, environmental entities, and other relevant parties engaged
in the preservation of the environment and the promotion of sustainability. Through a
rigorous examination of the current legislation and its execution, the objective of this research
is to offer significant perspectives and suggestions for enhancing policy measures and
ensuring efficient enforcement methodologies. The primary objective of this initiative is to
address the disparity between policy objectives and the actual results observed in the field. Its
ultimate aim is to facilitate the advancement of a more sustainable strategy for addressing the
issue of air and water pollution in India. Furthermore, considering the growing worldwide
emphasis on environmental sustainability and the significance of legal frameworks in
tackling environmental issues, this research is positioned within a wider global context.
Through a comprehensive analysis of India's legal framework pertaining to air and water
pollution, this study significantly contributes to the ongoing global discourse surrounding
environmental law and policy. The study's findings may have broader implications for other
nations grappling with comparable environmental issues, thereby extending the relevance of
the research beyond the confines of India. It is imperative to emphasize the significance and
pertinence of engaging in the study of the legal framework pertaining to air and water
pollution in India. This research endeavors to provide a substantial contribution to the
comprehension of the current legal framework, its execution, and its consequences on
pollution control and environmental sustainability, through a meticulous analysis. This study
aims to contribute to the global pursuit of environmental protection and sustainable
development by providing insights and recommendations for policy improvements,
specifically focusing on the urgent environmental issues faced by India.

1.3 Global Concern for Environmental Pollution and its Impact

The increasing global attention towards environmental pollution, specifically air and water
pollution, signifies the acknowledgment of its significant effects on human health,
ecosystems, and sustainable development. Environmental pollution is recognized as a
pressing issue that demands immediate attention and concerted efforts at various scales,
including local, regional, and global levels. Comprehending the global context and
consequences of pollution is essential for understanding the scale of the issue and developing
effective solutions. Environmental pollution is a global issue that impacts populations across
the globe. Numerous scientific studies have confirmed the adverse impacts of air and water
pollutants on human health, such as respiratory illnesses, cardiovascular disorders, cancer,
and premature death. According to the World Health Organization (WHO), ambient air
pollution is responsible for a significant number of premature deaths each year. Water
pollution also threatens water security by increasing the prevalence of waterborne diseases
and weakening the ability of ecosystems to adapt and recover. Pollution has significant
ecological consequences, such as habitat degradation, biodiversity loss, and disruption of
essential ecosystem services.

The global community acknowledges the seriousness of environmental pollution and has
made commitments to tackle this issue. The United Nations Sustainable Development Goals
(SDGs) acknowledge the importance of addressing pollution across multiple goals, such as
Goal 3 (Good Health and Well-Being) and Goal 6 (Clean Water and Sanitation). The global
objectives highlight the complex nature of pollution and the necessity of integrated
approaches for successful mitigation. Multilateral environmental agreements, like the Paris
Agreement and the Stockholm Convention on Persistent Organic Pollutants, exemplify global
efforts to address pollution and promote international cooperation. India has to deal with
considerable difficulties in addressing environmental pollution due to its rapid
industrialization, urbanization, and population growth. The pollution crisis in the country has
implications for both the well-being of its citizens and regional and global environmental
sustainability. India's endeavors to combat pollution and safeguard its air and water resources
hold substantial global significance. Through a critical examination of the legal framework
governing air and water pollution in India, researchers can make valuable contributions to the
global discourse on environmental protection and sustainability. Sharing knowledge on legal
mechanisms, implementation challenges, and avenues for improvement can enhance
international cooperation and facilitate the development of effective global pollution control
strategies. Recognizing the interdependence of pollution-related issues and fostering global
cooperation are vital in addressing pollution and advancing environmental welfare on a
global scale.

The worldwide concern regarding environmental pollution, including air and water pollution,
emphasizes the pressing necessity to tackle this significant issue. The detrimental effects of
pollution on human health, ecosystems, and sustainable development are significant and
should not be overlooked. The international community emphasizes the need for collective
action to address pollution, as highlighted by global frameworks like the Sustainable
Development Goals (SDGs) and multilateral environmental agreements. Researchers can
contribute to global efforts to mitigate pollution, protect the environment, and promote
sustainability by studying and sharing insights on the legal framework governing air and
water pollution in India.

1.4 Research Problem

The research study deals with the subject of Constitutional Law of India ; The Water
(Prevention and Control of Pollution) Act, 1974 ; The Air (Prevention and Control of
pollution) Act,1981 ; The Environment Protection Act, 1986 and Hazardous Wastes
Management Regulations. In this the researcher shall cover relatively two branches of law
namely Constitutional Law and Environmental Law. The topic of research is Law relating to
Air and Water Pollution in India: A Critical Study.

1.5 Object and Scope of Study

This research study aims to achieve three objectives: examining the legal framework
concerning air and water pollution in India. The study aims to analyze the constitutional
provisions and principles pertaining to the regulation of air and water pollution in India. This
research aims to comprehensively analyze the constitutional framework, specifically focusing
on fundamental rights and directive principles of state policy, in order to gain a thorough
understanding of the legal foundations for the regulation of air and water pollution. This
study seeks to evaluate the effectiveness of constitutional provisions in safeguarding the
environment, addressing pollution issues, and upholding citizens' rights in the face of
environmental degradation. The study aims to assess the efficacy of the Water (Prevention
and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981,
and the Environment Protection Act, 1986 in managing air and water pollution in India. This
research aims to evaluate the legislative framework comprehensively in order to identify the
strengths, weaknesses, and gaps within these acts. This study seeks to conduct a critical
analysis of the key provisions, regulatory mechanisms, and enforcement strategies
implemented under these acts in order to assess their efficacy in addressing air and water
pollution concerns. The study aims to assess the implementation and enforcement of these
acts in order to gain insights into the practical challenges associated with pollution control
and to identify potential opportunities for legal reforms and improvements.

The study aims to analyze the incorporation of hazardous waste management regulations into
India's broader legal framework for pollution control. This study aims to evaluate the
regulatory framework governing the management of hazardous wastes, which plays a vital
role in ensuring comprehensive pollution control. The objective is to assess the effectiveness
of the Hazardous Wastes Management Regulations in relation to their incorporation into the
wider legal framework that governs the control of air and water pollution. This study seeks to
assess the effectiveness of legal provisions, regulatory mechanisms, and enforcement
strategies in mitigating pollution risks associated with hazardous waste management. The
objective is to evaluate the coordination and synergy among various environmental laws and
regulations in order to identify opportunities for enhanced integration and effectiveness in
managing hazardous waste. This study seeks to enhance the understanding of the
constitutional and legal aspects of air and water pollution control in India. The study aims to
gain insights into the strengths, weaknesses, and gaps in the current legal framework by
achieving these objectives. The study's results and analysis will provide important
suggestions for legal reforms, policy enhancements, and improved enforcement strategies to
effectively tackle air and water pollution, promote sustainable development, and safeguard
the environment in India.

1.6 Primary and Secondary Sources

A wide variety of primary and secondary sources have been used to compile this extensive
and credible piece of work. Books, journals, articles, reports, studies, laws, and statutes are
all examples of secondary resources. Using these materials, an attempt has been made to offer
a comprehensive assessment of India's legal framework as well as the International aspect of
pollution management, its execution, and its effects. This study relies heavily on primary
sources because of the unique insights and information they bring. Water (Prevention and
Control of Pollution) Act, 1974; Air (Prevention and Control of Pollution) Act, 1981;
Environment Protection Act, 1986; and Hazardous Wastes Management Regulations have all
been used as primary sources. These statutes and court decisions lay the groundwork for
comprehending India's air and water pollution regulations. Reports and research papers
issued by government agencies, academic institutions, and environmental organizations are
also considered primary sources. These studies provide insightful information on the state of
air and water pollution in India, as well as statistical analysis and policy suggestions. The
Central Pollution Control Board (CPCB), the Ministry of Environment, Forestry, and Climate
Change (MoEFCC), and international organizations like the World Bank and the United
Nations Environment Programme (UNEP) are also good examples of primary sources.

Secondary sources supplement primary sources by offering in-depth scholarly examination

and additional context. Books, journals, articles, and research papers written by authorities in
environmental law and policy provide in-depth understanding and varied points of view. The
theoretical frameworks and contextual information provided by these secondary sources are
crucial for comprehending the issues at hand and the possible ways to address them. Books
by legal scholars and environmental experts examine the evolution, legal concepts, and policy
consequences of environmental law in India. Current research, case studies, and scholarly
discourse on the many facets of air and water pollution and their legal implications can be
found in journals and papers. The goal is to provide a comprehensive and evidence-based
examination of Indian law pertaining to air and water pollution, and to do so by drawing on a
wide range of primary and secondary sources. Using original sources guarantees truthfulness
of statutory provisions, while secondary sources add depth through analysis and scholarly
perspective. Finally, by drawing from a wider range of resources, the research gains greater
depth and rigor, enriching our grasp of the topic at hand and providing more solid
groundwork for any future recommendations regarding legal or policy changes.

1.7 Research Design

The purpose of this thesis is to analyze the air and water pollution regulations in India using a
mixed-methodologies approach. This technique combines qualitative and quantitative
research methods. To collect primary data on the legal framework, practical issues, and the
relationship between legal measures, pollution levels, and environmental consequences, the
qualitative component includes a review of the relevant literature, interviews, and case
studies. Utilizing statistical analysis methods such as descriptive statistics, correlation
analysis, and regression analysis, the quantitative component of the study examines the data
obtained from credible sources such as government agencies, research institutes, and other
authoritative organizations. During the comparative study, the legal framework is compared
with worldwide norms and standards. This provides insights into global best practices as well
as prospective areas for legislative reforms. This in-depth and nuanced analysis guarantees a
thorough assessment of the research problem and objectives, which ultimately leads to
findings that are solidly supported and recommendations that can be put into practice.

1.8 Research Question

1. To what extent do obsolete and ineffective environmental laws persist within the legislative
framework of India, and how do they impact environmental protection and preservation?

2. To what degree is a deficiency of requisite competencies evident among law enforcement

agencies in India, and what implications does this inadequacy have for the effective
enforcement of environmental laws?

3. What is the extent of inadequacy in infrastructural facilities supporting environmental law

enforcement in India, and how does this deficiency hinder the implementation and
compliance with environmental regulations?

4. How has the Indian judiciary significantly contributed to the regulation and mitigation of
environmental pollution, and what legal precedents or landmark cases have shaped its role in
this context?

5. Is there a compelling need for the Indian government to engage in comprehensive public
awareness campaigns aimed at sensitizing the population to their responsibilities and
obligations for the protection and conservation of the environment, and what legal
mechanisms can facilitate such initiatives?

1.9 Literature Review

An authentic study was started off with a review of the relevant previous research. The entire
work is dogmatic and devoid of empirical evidence. When conducting research, reviewing
the relevant literature may become an important and beneficial exercise because it can assist
to establish a foundation, steer clear of repetition, and add new dimensions to the current
body of knowledge. The researcher resorted to a wide variety of published works, such as
textbooks, scholarly articles and research papers in prestigious journals, studies issued by the
World Health Organization, the United Nations Environment Program, and the World Health
Organization, as well as by seeing the Air Quality Index. According to Kjellstrom,
Madhumita Lodh, Tony McMichael, Geetha Ranmuthugala, Rupendra Shrestha, and
Sally Kingsland-Every pollutant has its own unique health risk profile, which makes it
challenging to condense all of the pertinent information into a single chapter. However,
public health practitioners and decision-makers in poor nations need to be aware of the
potential health concerns caused by air and water pollution, and they also need to know
where they may access more precise information that is required to deal with a given
scenario.5

As per the book "Environmental Regulation: Law, Science, and Policy" by Robert V.
Percival, Christopher H. Schroeder, Alan S. Miller, and James P. Leape."This book is an
attempt to delve into the complex relationship between law, science, and policy in the context
of environmental regulation. This widely acclaimed text offers an in-depth analysis of the
challenges and opportunities in developing effective environmental laws and policies while
integrating scientific knowledge. The book begins by providing a solid foundation of
environmental law, covering its historical development, key principles, and regulatory
structures. It explores the major environmental statutes in the United States, such as the Clean
Air Act, Clean Water Act, and the National Environmental Policy Act, explaining their
objectives and regulatory mechanisms. A distinguishing feature of the book is its integration
of science and policy in environmental decision-making. It emphasizes the critical role of
scientific evidence in crafting effective environmental regulations and policies, as well as the
challenges of incorporating scientific knowledge into the legal framework. The authors stress
the importance of bridging the gap between the scientific community and policymakers to
ensure that environmental decisions are well-informed and evidence-based. The book goes

5
Kjellstrom T and others, “Air and Water Pollution: Burden and Strategies for Control - Disease Control
Priorities in Developing Countries - NCBI Bookshelf” Available at:
https://www.ncbi.nlm.nih.gov/books/NBK11769/ (last visited on Dec 1, 2023).
beyond the United States' context and offers a comparative perspective by analyzing
international environmental law and policy. It examines international treaties, agreements,
and conventions that address global environmental issues and explores the challenges and
opportunities of international cooperation in tackling environmental challenges.

One of the book's strengths is its interdisciplinary approach, blending legal analysis, scientific
insights, and policy considerations. It addresses various environmental issues, including air
and water pollution, biodiversity conservation, climate change, and sustainable development.
The authors engage readers in critical thinking by presenting case studies, hypothetical
scenarios, and policy debates. The text also highlights the role of non-governmental
organizations (NGOs) and citizens in environmental regulation. It examines the growing
importance of public participation and citizen suits in enforcing environmental laws and
holding governments and industries accountable for environmental harms. Throughout the
book, the authors emphasize the dynamic nature of environmental regulation and policy-
making, acknowledging the ongoing challenges in balancing environmental protection with
economic development. They discuss the role of cost-benefit analysis and risk assessment in
regulatory decision-making, exploring debates surrounding these approaches. The authors do
not shy away from discussing controversies and conflicts in environmental regulation, such
as the tension between environmental protection and private property rights, the role of
economic interests in shaping environmental policy, and the challenges of regulatory
enforcement. Overall, "Environmental Regulation: Law, Science, and Policy" provides a
comprehensive and insightful exploration of environmental law and policy, emphasizing the
importance of scientific knowledge in guiding environmental decision-making. It serves as an
invaluable resource for students, scholars, policymakers, and practitioners seeking a nuanced
understanding of the intricate interplay between law, science, and policy in addressing
pressing environmental challenges. The book's interdisciplinary approach and engaging
writing style make it accessible to readers from various backgrounds, and its updated editions
continue to reflect the evolving landscape of environmental regulation and policy.

According to the Environmental and Pollution Science, Third Edition, edited by Mark L.
Brusseau, Ian L. Pepper and Charles P. Gerba, pollution originates from a wide variety of
sources, including natural and man-made ones, and it occurs in a wide variety of forms,
including biological, chemical, particulate, or even energy. Because of this, it is essential to
take a multivariate approach to assessment and mitigation in order to achieve success. In his
work, P.K. Goel writes that pollution can occur either as a result of natural processes, such as
floods, forest fires, volcanic eruptions, and earthquakes; or as a result of the activities of man
that have an impact on nature. Increased vehicular traffic that emits harmful gases,
uncontrolled and unplanned industrial development, population explosion and urbanization,
as well as wars for obvious effects, are all examples of activities that have a negative impact
on the environment. Other impactful activities include deforestation to increase land area,
improper use of land areas, generation and disposal of waste from domestic and industrial
sectors, indiscriminate waste disposal in Pollutants natural water bodies, and increased
vehicular traffic that emits harmful gases. The end effect of pollution is tainted life supports,
such as contaminated air, contaminated water, and contaminated food. Additionally, pollution
has an impact on the spiritual and psychological composition of man.

According to S.K. Aggarwal6, there has been a quick proliferation and growth of industries
in emerging and impoverished countries since World War II. The chemical, electronic, and
agricultural industries are the primary focus of this group of businesses. The majority of the
technical know-how pertaining to these industries is imported from industrialized countries.
This is the case in most of the areas because the existing technology may have been shown to
be less effective or more polluting, and the standards set in the developed country are very
stringent, and may not be initially suitable for the interested country; there are also cases in
which the technical collaboration is made amongst the developing or underdeveloped
countries themselves this is done because the existing technology may have proven to be
more polluting, and the standards set in the developed country are very stringent. Therefore,
the pollution is transferred from the developed countries to the developing countries in the
first scenario. These countries are known as developing countries. The researcher has made
the observation that the majority of the studies that have been conducted in the field of
environmental pollution do not appear to have any comprehension of how religion also
contributes to the damage of the environment. The researcher therefore wants to study
pollution from the religious point of view particularly in the context of a primarily religious
country like India.

1.10 Hypothesis

Hypothesis 1: "The practical implementation and enforcement of India's environmental laws

significantly contribute to the observed gap between policy objectives and actual pollution
control outcomes."

6
Agarwal SK, Air Pollution (APH Publishing Corporation) 2005.
Hypothesis 2: "Annual events, such as post-Diwali celebrations and crop harvesting, play a
substantial role in air quality degradation, and their effective mitigation can be achieved
through legal reforms and enhanced pollution control interventions within the current legal
framework."

1.11 Scheme of the Study

Chapter 1 - Chapter 1 offers a devoted Introduction. This would deal with the research field
that would be highlighted by the subject matter. This chapter would explain the purpose of
the investigation, its overall scope, and the importance of the findings. In addition to the plan
for the chapterization, this section would also include research methods, research questions, a
review of the relevant literature, and a hypothesis.

Chapter 2 – Chapter 2 offers, an in-depth analysis of the historical progression of water

pollution and air pollution in India. This chapter will set the framework for the upcoming
legal analysis and critical review by investigating the reasons that have contributed to the
escalation of these challenges and exploring important incidents and policy responses. To
battle water and air pollution, ensure environmental sustainability, and protect public health
in India, it is essential to have a solid understanding of the historical context from which to
draw inspiration for developing successful tactics and legislative frameworks.

Chapter 3 - Chapter 3 offers to discuss on the issue of air pollution and water pollution as
they pertain to international concerns. The transboundary character of these challenges,
international agreements and frameworks, as well as India's position in the context of the
global environment are all investigated. In this chapter, we cover the necessity of information
sharing and collaboration, as well as the significance of international cooperation, the
function of international organizations, and the relevance of solving the issues posed by
pollution. This chapter adds to the identification of tactics and approaches that might guide
pollution control efforts in India and inspire international collaboration in addressing these
shared environmental concerns by examining best practices and lessons gained from other
nations. In doing so, the chapter makes a significant contribution to the field of pollution
control.

Chapter 4 - Chapter 4 offers, a comparative analysis of air and water pollution is being made
for giving insight into how pollution is treated in other countries and what are the laws on
which it is relied on, this comparative analysis explores air and water pollution laws in a
global context, considering the diverse regulatory approaches taken by countries worldwide.
The study investigates the strengths, weaknesses, and potential for improvement within
existing environmental frameworks. It encompasses both developed and developing nations,
recognizing the transboundary nature of pollution. The analysis highlights the role of
international agreements and collaborative initiatives in fostering a collective response to
environmental challenges. Ultimately, the study aims to inspire positive change and collective
action to safeguard the health of our planet.

Chapter 5 - Chapter 5 offers, a complete analysis of the active role performed by the
judiciary in the preservation of the environment, as well as an examination of the specific
function played by the National Green Tribunal in India, is presented. It investigates the
development of judicial activism in environmental issues, focusing on historic court cases
and the contribution of the judiciary to environmental preservation. This chapter examines the
NGT's origins, its responsibilities, and its operations, as well as its influence on the various
measures taken to manage pollution. In addition to this, it examines important judgments and
case examples to highlight the methodology used by the NGT as well as the consequences
this approach has for environmental legislation. This chapter contributes to a thorough
understanding of the role of the judiciary and the efficiency of the NGT in safeguarding the
environment and resolving problems related to pollution in India by exploring challenges and
recommending solutions for improvement.

Chapter 6 - Chapter 6 offers, a thorough examination of the constitutional provisions

pertaining to air and water pollution in India, highlighting their significance in addressing
these environmental concerns. This study analyzes the constitutional framework, fundamental
rights, and directive principles of state policy that support environmental protection. This
chapter examines significant court cases and their influence on environmental jurisprudence
and special reference has been made on how religious freedom has led to more pollution. It
assesses the conformity of current legislation on air and water pollution with constitutional
mandates. This chapter provides a critical analysis of the constitutional framework, which
serves as a foundation for the following chapters. These subsequent chapters will examine the
specific legal provisions and their efficacy in regulating pollution. This analysis aims to
enhance our comprehension of the relationship between the Indian constitution and pollution
control.

Chapter 7 - Chapter 7 offers, suggestions and conclusions are drawn from the research
results. This chapter provides actionable suggestions for improving public policy, making
necessary changes to the legal system, and expanding the function of the judicial system. It
highlights how important it is for countries all around the world to work together and share
their knowledge. This chapter comes to a close by focusing on the most important takeaways
from the research and discussing how those takeaways could be used to pollution
management in India. This serves as a comprehensive summary of the significance and
potential impact of the research.

1.12 Summing Up

The research undertaken in this thesis has been an exhaustive and comprehensive exploration
of the multifaceted issue of water and air pollution in India. 7 Throughout the study, we have
delved into various aspects of pollution, ranging from its historical progression, constitutional
framework, the role of the judiciary, international implications, and actionable solutions by
piecing together these critical elements, we have gained valuable insights into the complex
challenges of pollution in India and the potential pathways towards effective mitigation and
sustainable environmental practices. India's battle against water and air pollution is rooted in
historical context.8 The analysis of the historical progression of pollution has provided a deep
understanding of the factors that have contributed to the escalation of these challenges. We
have recognized the need for a thorough comprehension of past incidents and policy
responses to draw inspiration and develop successful tactics and legislative frameworks for
pollution control. The examination of the constitutional framework concerning environmental
protection has emphasized the significant role that India's constitution plays in addressing
pollution concerns. Fundamental rights, directive principles of state policy, and relevant court
cases have been scrutinized to highlight the alignment between the legal system and
constitutional mandates. It is evident that strengthening this alignment will be crucial to
ensure effective pollution regulation and environmental preservation.

The role of the judiciary, particularly the National Green Tribunal, has emerged as a critical
aspect in environmental preservation. Judicial activism and historic court cases have
showcased the judiciary's contribution to pollution management and environmental
protection. By acknowledging the efficiency of the NGT and identifying areas for
improvement, we can further empower the judiciary to play a vital role in safeguarding the
environment. Recognizing that pollution is not limited by geographical boundaries, the

7
S. Kothari, 'Water and Air Pollution in India: A Critical Study' (2018) 20 Environmental Law and Policy Review
135.
8
P. Leelakrishnan, 'Environmental law in India' (2005) 57 Macmillan India 75.
international dimension of pollution has been examined. Transboundary challenges and
international agreements have highlighted the need for cooperation and information-sharing
among countries to combat pollution effectively. India's position in the global environmental
context underscores the significance of collaborative efforts in addressing shared
environmental concerns. The ultimate goal of this research has been to draw actionable
conclusions and recommendations. Through a holistic approach that involves policymakers,
legal practitioners, environmental experts, and citizens, we can work towards enhancing
public policy, legal systems, and the role of the judiciary in pollution management. The
importance of international cooperation and knowledge sharing cannot be understated in
tackling pollution on a global scale. In conclusion, this thesis has provided a comprehensive
understanding of the challenges posed by water and air pollution in India and the potential
solutions that lie ahead. The interplay of historical, constitutional, judicial, and international
aspects has shed light on the complex nature of the issue and the need for a collective and
holistic approach by working together, we can embark on a journey towards sustainable
development, effective pollution control, and the preservation of our environment for current
and future generations. It is only through our concerted efforts that we can ensure a greener
and healthier future for India and the world.