| Paper Title | AIR POLLUTION AND ITS EFFECTS: THE JUDICIAL ACTIVISM |
|---|---|
| Author(s) | |
| Co-Author Details | |
| Country | India |
| Abstract | The atmosphere, a vital gaseous envelope essential for life, maintains a delicate balance of nitrogen, oxygen, and trace gases. Sustainable economic progress can therefore be achieved only when development is balanced with the protection of atmospheric stability, ecological systems, human health, and the interests of future generations. Scientifically, the article highlights that air pollution is driven by the rapid pace of industrialization and urbanization. Key pollutants include Carbon Monoxide (CO), which constitutes 50% of all pollutants and arises principally from the incomplete combustion of fossil fuels in automobiles, causing respiratory suffocation. Carbon Dioxide (CO2), while a natural resource for photosynthesis, has become a threat due to deforestation and fossil fuel burning. Its accumulation intensifies the "Greenhouse Effect" by allowing shortwave solar radiation to enter while trapping outgoing longwave terrestrial radiation, leading to global warming, reduced soil moisture, and increased oceanic acidity which alters marine albedo. Furthermore, it analyses Chlorofluorocarbons (CFCs), stable industrial chemicals that deplete the stratospheric ozone layer, thereby increasing UV radiation exposure and skin cancer risks. Sulphur Dioxide (SO2) and Nitrogen Oxides (NO2) are identified as precursors to hazardous phenomena like "Acid Rain" (with pH values dropping between 5 and 2.5) and poisonous smog. These pollutants cause irreparable damage to agriculture, corrode buildings, and trigger severe human health issues ranging from gum inflammation to lung cancer. Legally, the text documents India's constitutional evolution via the 42nd Constitutional Amendment Act (1976), which introduced Articles 48-A and 51-A(g), imposing duties on the State and citizens to protect the environment. The Supreme Court’s shift from the 19th-century English doctrine of "Strict Liability" (Rylands Vs. Fletcher) to the tougher standard of "Absolute Liability" in the M.C. Mehta Vs. Union of India (Oleum Gas Leak Case)1. This new principle dictates that hazardous industries are absolutely liable for accidents, with compensation amounts correlated to the enterprise's magnitude to ensure a deterrent effect. The judicial handling of the Union Carbide (Bhopal Gas Tragedy)2 mass disaster, where 2,660 lives were lost due to Methyl Iso-cyanate leakage, and the Taj Trapezium case3 ,where the Court mandated 292 industries to switch from coal/coke to natural gas to preserve the Taj Mahal. Thus, the increasing deterioration of air quality represents an important environmental and public-health challenge that requires effective scientific understanding and appropriate preventive measures. |
| Keywords | Air Pollution, Trace Gases like Neon, Krypton, Helium, Ozone, Biosphere, Greenhouse Effect, Photosynthesis, Albedo, Ozone Depletion, Acid Rain, Smog, Carbon Monoxide, Carbon Dioxide, Chlorofluorocarbons, Sulphur Dioxide, Nitrogen Oxide, Methane, Methyl Iso-cyanate, Industrialisation, Urbanization, Judicial Activism, Absolute Liability, Strict Liability, Anthropogenic. |
| Subject Area | Law |
| Issue | JSECR,V.12, N.27 October-December 2026 |
| Published | 2026/10/29 |
| DOI | https://doi.org/10.68868/14Js15aK30 |
| How to Cite | Wahab, A., & Singh, S. P. (2026). AIR POLLUTION AND ITS EFFECTS: THE JUDICIAL ACTIVISM. Journal of Socio-Educational & Cultural Research, 12(27). |
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