Private Member’s bill seeks a more stringent air law
NEWDELHI: Congress MP Gaurav Gogoi will introduce a Private Member’s bill during the winter session of Parliament, proposing amendments to the Air Act, 1981, in order to give teeth to the Central Pollution Control Board (CPCB) to act against air polluters.
The bill will also call for mentioning the massive health burden due to air pollution in the Air Act, which, in its current form, is silent on health impact.
“Clean air is a health issue. The Air Act, 1981, doesn’t mention health. The post of the CPCB chairman often lies vacant and often, people who don’t have an academic background in environmental issues take up the post. The CPCB also doesn’t have the power to enforce penalties on polluters. We are proposing amendments through which the CPCB can get compensation for environmental pollution,” said Gogoi, at the launch of an air pollution analysis for north India by Energy Policy Institute at the University of Chicago (Epic) on Thursday.
Gogoi also said that the bill will propose that a meeting of secretary-level representatives is convened twice a year by the environment minister, with representation from the Prime Minister’s Office.
The bill is likely to have provisions for annual ranking of state pollution control boards and industries.
“We can penalise certain institutions but not private individuals under the law,” a senior CPCB official said.
The environment ministry, in 2015, had set up a high-level committee headed by former cabinet secretary, TSR Subramanian, to suggest amendments to certain environmental laws including the Air Act.
“Laws were being diluted as if the ministry’s primary job is to give industries permissions. On air pollution, minimal incremental steps are being taken by state governments and the Centre. Right to breathe should be a fundamental right,” said Gogoi, adding that the National Clean Air Programme has a budget of only ₹300 crores and doesn’t have a legal mandate for enforcement.
“Unless you create institutional authority or mandate, the policies cannot be enforced. The CPCB has been reduced to issuing advisories on pollution. We need to amend the Act,” Gogoi added.
“Amendments are being considered. There is nothing ready to be shared immediately,” a senior environment ministry official said.
“There is almost four decades of experience related to the structure and implementation of the Air Act in India. The issues are not just limited to the powers and capacity of the central and state pollution control boards,” said Kanchi Kohli, legal researcher at the Centre for Policy Research (CPR).
“The manner in which air pollution is regulated and monitored does require a review and there have been several suggestions in the past by both parliamentary and non-governmental organisations. These need to come to bear on any proposed legislation before it is tabled in the Parliament,” Kohli added.