“Air pollution affects all parts of the body, from the brain to a growing baby in a mother’s womb.”
Environment laws are undoubtedly important in our lives because they play a fundamental role in safeguarding our environment, protecting human lives and preserve the biodiversity. These laws make sure that public health is not compromised by pollution and with the climate change. Furthermore, environmental laws regulations play a crucial role in mitigating pollution and addressing climate change by establishing the aims of reducing carbon emissions and over exploitation of natural resources.
Environmental law has now become a fundamental right in Pakistan through Article 9A of the Constitution of Pakistan 1973, states that ” every person has the right to clean, healthy and sustainable environment “. This fundamental right includes the right to clean air and also shows the government commitment to protecting the environment and promoting ecological balance. This provision empowers citizens to seek legal recourse against environmental degradation and pollution by demanding environmental justice and accountability.
Environmental laws regulates air quality by establishing strict standards and penalties for air pollution. These laws help and ensure that the air people breathe is safe and healthy for them.
PPC 1860, Section 278 deals with noise pollution “impose a fine of Rs. 1500 on any person, who voluntarily vitiates the atmosphere in any place so as to make it noxious to the health of other person in general..”
The National Clean Air Policy (NCAP) provide a framework for improving air quality in Pakistan, It is a national document, identifies that provinces of Pakistan having a crucial role in implementing measures to improve air quality within their areas of responsibility “Air pollution has traditionally been framed as a local or regional issue. However, there is growing evidence of the global impacts of air pollution”
Definition given by the Pakistan Environmental Protection Act ( PEPA) 1997 of air pollutant means “any substance that causes pollution of air and includes soot, Smoke, dust particles, light, electro-magnetic, radiation heat, fumes, combustion Exhaust, exhaust gases, noxious gases, hazardous substances and radioactive substances”
In 2019, the United Nations General Assembly designated 7 September as the International Day of Clean Air for blue skies. The Day – whose observance is facilitated by the UN Environment Progamme (UNEP) stresses the importance of clean air and the urgent need for efforts to improve air quality to protect human health. UNEP is leading global voice on the environment. It provides leadership and encourages partnership in caring for the environment by inspiring, informing and enabling nations and people to improve their quality of life without compromising that for future generations. “Air pollution knows no borders, travelling thousands of kilometres, spreading contaminates with the wind. And the climate crisis is having devastating and growing impacts on every continent on Earth.”
Air pollution has become a serious concern for the health and well-being of the citizens of Pakistan. Children are at particularly high risk from the debilitating effects of air pollution due to lower immunity. Globally 93% of children are exposed to air pollution levels higher than WHO-prescribed levels. Children are also at higher risk from household air pollution in communities that lack access to clean cooking fuel, as being indoors with their mothers while they are cooking exposes them to greater risk from particulate matter. Air pollution also leads to an increased burden of diseases and premature mortality. A growing body of scientific evidence shows that long-term exposure to air pollution causes ischemic heart disease, lung cancer, chronic obstructive pulmonary disease, lower respiratory infections, stroke and type-2 diabetes
Air pollution harms cognitive function from prenatal development through childhood and young adulthood to old age.67 It is known to cause dementia and attention deficit hyperactivity disorder (ADHD). Research shows that prolonged exposure to excess amounts of PM2.5 increases the risk of dementia by 92%
Rights-based approach to addressing environmental violations Classifying a clean healthy and sustainable environment as a human right opens the doors to identifying both the various attributes of a clean environment as well as groups that are denied access to a clean environment. Such a rights-based approach encourages people to question why there is a ‘lack of a clean environment’ and who should be held responsible.
In July 2022, the UN General Assembly affirmed in resolution A/76/L.75 that a clean, healthy and sustainable environment is a human right. The right to a clean, healthy and sustainable environment includes the right to a clean air. Furthermore, classifying a clean environment (and clean air) as a human right also holds governments accountable for failing to act to prevent air pollution
Air pollution contributes around seven million deaths Annually and costs the global economy upwards of US$2.9trn per annum Air pollution in the Asia-Pacific Region is not only a major health risk but also has Damaging impacts on the environment and agricultural Crop yields. According to a 2019 report published by the UN Environment Programme (UNEP) in association with Asia Pacific Clean Air Partnership and Climate & Clean Air Coalition, 92% of the population in the Asia and Pacific Region is exposed to unhealthy levels of air pollution.
According to the World Health Organization (WHO), “Improving air quality can enhance climate change mitigation efforts, while reducing emissions will, in turn, improve air quality.” The issues of air pollution and climate change are deeply interconnected. The combustion of fossil fuels contributes not only to the emission of greenhouse gases that drive climate change, but also to the release of particulate matter, sulfur dioxide, nitrogen dioxide, and carbon monoxide, which are significant contributors to air pollution. A landmark decision that is, The 2022 case of Raja Zahoor Ahmad v. Capital Development Authority[3] in Pakistan’s Supreme Court emphasized the importance of climate-resilient urban planning in Islamabad. The court required the Capital Development Authority (CDA) to consider climate change in its future planning and policies. While reaffirming the CDA’s decision on converting certain residential properties to commercial use, the Supreme Court ruled that the CDA decision was correct but that the CDA should consider climate change in future plans.
There are many challenges faced by particular areas where institutions are underdeveloped or corruption is not prevalent. Some factors like insufficient funding, inadequate technological resources, and political oppositions further make it difficult to enforce effective efforts. Additionally, the multifaceted nature of environmental issues makes it complicated to enforce and implement effective policies. Environment deals with our surroundings and provides us with basic necessities for sustaining life. The well-being of humans is directly linked to the health of our environment; any degradation could put in danger the future of all. It is necessary that we prioritize the protection and preservation of our natural world to ensure the survival and prosperity of future generations.
The World Health Organisation (WHO) estimates that close to 99%”o of the global population is exposed to unhealthy air. While air pollution is a challenge in many cities across the world, the problem is much more severe in Asia. Approximately four billion people-92% of the Asia-Pacific region’s population-are exposed to levels of air pollution that pose a significant risk of their health.
South and East Asian locations emerge as the most polluted, with Bangladesh, China, India, and Pakistan sharing 49 of the 50 most polluted cities worldwide and experiencing the worst air quality in the region. Air pollution in Asia include particulate matter emissions from the burning of fossil fuels for electricity generation and transportation fuel and agricultural crop burning, among others. Even with reduction of economic activity due to covid-19 lockdowns, 32% of cities in India, 67% of cities in Pakistan and 80% of cities in Bangladesh experienced ‘unhealthy’ air quality. In 2020, air pollution resulted in a loss of 7.4% of South Asia’s GDP and accounted for 13-22% of deaths in the South Asia region.
News of UN – UN General Assembly declares access to clean and healthy environment a universal human right -28 July 2022. While not legally binding but this news could prove to be very important in protecting the planet and its people, especially from air pollution, which kills 7 million people each year. Almost everyone on Earth -99% of the world exceeds WHO air quality limits. Air pollution badly harms women, children, the elderly and the poor, who grow up in heavily polluted places, developing irreversible health effects, having lower lung capacity than those in cleaner areas.
Meanwhile, According to the World Health Organization (WHO), air pollution is the largest cause of disease and premature death in the world, with more than seven million people dying prematurely each year due to pollution.
UDHR Article 25 Rights to Adequate Living Standards. In 2013 the report of independent expert John Knox appointed by Human Rights Council highlighted that environmental harm often interferes with human rights, including the rights to life and health and that states have an obligation to protect against such harm. He also emphasize that human rights and environmental protection are interdependent, stating that a healthy environment is crucial for enjoying rights such as life, health, adequate living standards, food, safe drinking water, sanitation, housing, cultural participation and development.
The Clean Air Act of 1970 represented a major shift in federal government responsibility for limiting the exposure of U.S. citizens to air pollution by authorizing regulations limiting harmful emissions from stationary and mobile sources. The EPA is responsible for implementing the Clean Air Act regulations.
The opportunity to take meaningful action remains, but immediate steps are essential. It is imperative that we significantly reduce carbon emissions and transition our economy toward clean, renewable energy sources. Environmental laws are really important for protecting our natural surroundings. While we’ve made a lot of progress, it’s clear that we need to keep updating these laws to tackle new challenges and ensure a sustainable future for everyone. It’s essential for governments, businesses, and individuals to work together to support and follow these laws, understanding that a healthy environment is key to our well-being and the success of our communities.
