Authored By: Sweta
Manipal University Jaipur
Abstract
Air pollution has emerged as one of the most critical environmental challenges of the modern era, affecting human health, ecosystems, and economic stability. Rapid urbanization, industrial growth, vehicular emissions, and reliance on fossil fuels have significantly increased the concentration of harmful pollutants in the atmosphere. The price we pay for air pollution is reflected not only in rising cases of respiratory and cardiovascular diseases but also in reduced life expectancy and increased healthcare costs. Vulnerable populations, including children, the elderly, and low-income communities (or countries), bear a disproportionate burden. Beyond health impacts, air pollution damages crops, agricultural yields decline as crops suffer from ground-level ozone and acid rain, degrades natural ecosystems, and contributes to climate change, leading to long-term economic losses. Addressing air pollution through sustainable policies, cleaner technologies, and public awareness is essential to reduce these costs and ensure a healthier future for both present and future generations. The price of inaction far exceeds the investment needed for solutions, making pollution mitigation both a moral imperative and economic necessity.
Introduction
In December 2025, Delhi’s air quality index soared past 660, nearly 13x the safe limit recommended by the World Health Organization—forcing school closures, flight cancellations, and emergency health advisories across India’s capital. This recurring crisis exemplifies a global emergency that claims over 8 million lives annually becoming the second leading risk factor for death, including for children under five years and in 2021, more than 700,000 deaths in children under 5 years were linked to air pollution; this represents 15% of all global deaths in children under five. The air pollution costs the world economy 8.1 trillions of dollars in healthcare expenditures and lost productivity, which is 6.1% of the global GDP. This is a significant and almost double increase from the 2.9 trillion dollars accounting for 3.3% of global GDP in 2020.
City such as Delhi Bombay or other such metropolitan cities and even the tier II cities makes up the in the top 20 or top 30 of the most polluted cities in the world. Air pollution has not only being an environmental concern but it has transform into a public health, legal and, economical crisis in India in recent years episode of particularly in national capital region—have compelled courts to intervene, highlighting the gravity of the issue and the inadequacy of existing enforcement mechanisms. For instance the supreme court of India through a series of landmark judgement including MC Mehta V Union of India and Aditya Dubey V Union of India & Others (2021) has constantly recognise the right to clean and healthy environment as integral part of fundamental right to life under article 21 of the constitution
Air (Prevention and Control of Pollution) Act, 1981, and the Environment (Protection) Act, 1986, the National Clean Air program launched in 2019 alongside the Commission for Air Quality Management Act 2021 represents the legislative attempt to combat this menace. Internationally WHO revised a quality guidelines 2021 and growing climate litigation signals paradigm shift towards accountability. Despite this legal framework, enforcement remains woefully inadequate, and pollution levels continue to breach safety thresholds with alarming regularity because of this persistent non-compliance, weak implementation and competing economic priorities have diluted their effectiveness
This article examines the multifaceted costs of air pollution—health, environmental, and economic—while analysing the efficacy of existing legal mechanisms and proposing actionable reforms to bridge the gap between statutory promises and ground realities.
Understanding Air Pollution in India: Nature and Sources
India’s air pollution crisis stems from multiple, interconnected sources. Vehicular emissions contribute nearly 40% of urban air pollution, with over 30 crore registered vehicles releasing nitrogen oxides and particulate matter. Industrial activities and coal-based thermal power plants discharge sulphur dioxide and heavy metals into the atmosphere. The IAIR study of 2008-09 showed seasonal agricultural stubble burning in Punjab and Haryana adds an estimate 149.24 million tonnes of carbon dioxide (CO2), over 9 million tonnes of carbon monoxide (CO), 0.25 million tonnes of oxides of sulphur (SOX), 1.28 million tonnes of particulate matter and 0.07 million tonnes of black carbon. These directly contribute to environmental pollution, and are also responsible for the haze in Delhi and increasing global warming (as these gases traps the bounced sunlight from the earth’s surface, making it not leave atmosphere) thus, melting of Himalayan glaciers. Construction activities generate fugitive dust which get deep into lungs and cause heart/lung diseases, while household solid fuel usage—still prevalent in 54% of rural homes—releases indoor and outdoor pollutants.
The primary pollutants of concern include PM2.5 and PM10 (fine and coarse particulate matter), nitrogen dioxide (NO₂), carbon monoxide (CO- extremely dangerous and lethal, as it is 200x more potent with binding haemoglobin than oxygen, thus stopping oxygen supply and transport in body), sulphur dioxide (SO₂), and ground-level ozone (O₃). India’s National Ambient Air Quality Standards (NAAQS) set PM2.5 limits at 40 μg/m³ annually, significantly more lenient than WHO’s guideline of 5 μg/m³. This substantial gap reflects the challenge India faces in balancing development aspirations with public health protection.
Health Costs of Air Pollution: The Human Price
Air pollution’s assault on human health is devastating and well-documented. Fine particulate matter penetrates deep into lungs and bloodstreams, causing respiratory diseases including asthma, chronic obstructive pulmonary disease (COPD), and lung cancer. Cardiovascular diseases, lung cancer, and premature deaths have also been strongly linked to poor air quality. Cardiovascular disorders—heart attacks and strokes—are increasingly linked to long-term exposure. The Lancet estimates that PM 2.5 not only killed 1.7 million people in India during 2022, making it the country’s second-largest killer after malnutrition. In 2022, the monetised value of premature mortality due to outdoor air pollution in India amounted to USD 339.4 billion (nearly Rs 30 lakh crore), the equivalent of 9.5 percent of gross domestic product
Vulnerable populations bear disproportionate burdens. The fact is that 92% [of people] are still breathing unacceptable air. Pollution remains at dangerously high levels. More than 90% of air pollution-related deaths occur in low- and middle-income countries, mainly in Asia (Indian subcontinent being major part) and Africa Children. The elderly, pregnant women, and economically weaker sections are disproportionately affected. Children exposed to polluted air suffer impaired cognitive development and reduced lung capacity. The elderly face heightened mortality risks, while urban poor and outdoor workers—traffic police, street vendors, construction laborers—endure continuous exposure without protective measures.
Judicial recognition of these health harms has been pivotal. In M.C. Mehta v. Union of India, the Supreme Court mandated CNG conversion for public transport, recognizing that the right to life under Article 21 encompasses the right to breathe clean air. The Court observed that “enjoyment of life including the right to live with human dignity encompasses within its ambit the protection and preservation of the environment.”
Environmental Degradation and Ecological Harm
Beyond human health, air pollution devastates ecosystems. Black carbon and greenhouse gases accelerate climate change, disrupting weather patterns and biodiversity. Forests suffer from acid deposition, while wildlife experiences reproductive failures and habitat degradation. Air pollutants settle on water bodies, contaminating aquatic ecosystems and entering food chains.
Agricultural productivity declines significantly—ground-level ozone and black carbon reduces crop yields by 20-36% annually, affecting wheat, rice, and pulses. Acid rain alters soil chemistry, diminishing fertility and long-term agricultural viability. These impacts violate the principle of sustainable development articulated in M.C. Mehta v. Kamal Nath and engage inter-generational environmental justice, recognizing future generations’ rights to inherit a habitable planet.
Economic Costs: The Hidden Financial Burden
Air pollution imposes staggering economic costs. Healthcare expenditure escalates as pollution-related illnesses burden public hospitals and private medical systems. Air pollution costs Indian business about USD 95 billion (7 lakh crores) every fiscal year, around 3% of India’s total GDP, a major research report shows. The cost is equal to 50% of all tax collected annually, or 150% of India’s healthcare budget. Workers suffering respiratory ailments miss workdays; reduced efficiency affects industrial output and service delivery.
This economic burden disproportionately affects low-income communities lacking access to healthcare, air purifiers, or relocation options. Environmental injustice manifests spatially—slums and working-class neighbourhoods near industrial zones or highways experience higher pollution exposure, perpetuating cycles of poverty and illness. The economic argument for pollution control is compelling: every rupee invested in air quality improvement yields multiple rupees in health savings and productivity gains.
Legal Framework Governing Air Pollution in India
India’s constitutional framework places environmental protection at the highest legal pedestal. Article 21 guarantees the right to life and personal liberty, judicially interpreted to include environmental quality. Article 48A directs the State to protect the environment, while Article 51A(g) imposes a fundamental duty on citizens to safeguard natural resources.
Statutory architecture includes the Air (Prevention and Control of Pollution) Act, 1981, establishing Central and State Pollution Control Boards with powers to monitor, regulate, and prosecute polluters. The Environment (Protection) Act, 1986, grants the Central Government overarching authority to enact environmental rules. The National Green Tribunal Act, 2010, created specialized environmental courts for expeditious dispute resolution.
Judicial activism has been transformative. The M.C. Mehta series of cases introduced concepts like “polluter pays” and absolute liability have been such important punishing rods for individuals or companies damaging or misusing nature. Recent interventions include the Graded Response Action Plan (GRAP) for Delhi-NCR, implementing emergency measures based on air quality levels. The NGT has emerged as a crucial forum for environmental enforcement.
Why Legal Enforcement Has Failed
Despite comprehensive legislation, implementation remains woefully inadequate. State Pollution Control Boards suffer from chronic understaffing, inadequate funding, and technical capacity gaps. Overlapping jurisdictions between Central and State agencies—creates enforcement vacuums and accountability diffusion.
62 % of people live outside the 50-km radius coverage of realtime air quality monitoring network: About 860 million people live outside the 50-km radius of realtime air quality monitoring stations (CAAQMS only) – which means they do not receive the daily AQI-based health alerts. Only 2 per cent of the population lives in the immediate coverage zone (2-km radius) of realtime monitoring stations; 11 per cent is within 2-10km radius, and about 25 per cent within 10-50 km radius.
Political economy constraints undermine enforcement. Industrial lobbying resists stricter regulations, invoking the “development versus environment” debate. Governments fear economic slowdowns and job losses from aggressive enforcement.
Corruption plays an important role, very is not very openly discussed about and is considered taboo to openly talk. It’s almost a white lie at this point that business giants have their hands tied with political leaders, and the policies that come out of this is for money servings. The alleged recent example of such incident can be seen with – The Aravalli judgement, it’s not erosion by wind or time— it is erasure by bureaucratic language, allegedly to serve the land to business owners for what they call development.
In December 2025, the Supreme Court of India, acting on recommendations from expert bodies including the Union Ministry of Environment, the Forest Survey of India, and the Geological Survey of India, redefined the criteria for what constitutes a “mountain.” What might appear as a minor technical adjustment is, in fact, a paradigmatic shift. Moving away from earlier ecological understandings — based on slope, continuity, and vegetative cover — the Court adopted a narrowly physical measure focused solely on elevation and spatial proximity.
Expressing disappointment over the supreme court decision Harieet Singh founded director Satat Sampad climate foundation said “on paper it’s sustainable mining and development but on the ground it is dynamite, roads and pits cutting through the leopard corridor, and Delhi NCR last green shield. This isn’t just the loss of biodiversity or a geological wonder, it is also servers as the region critical recharge zone, guarding harsher dust storms, plummeting groundwater and a lethal spike in air pollution for a million.”
Environmentalist Vimlandu Jha said that the decision risk the disappearance isappearance of Aravali’s is by 90%.
Penalties remain negligible—fines of ₹10,000-₹1,00,000 hardly deter corporate violators generating crores in profits. Criminal prosecutions are rare; conviction rates dismal. The deterrent effect is virtually non-existent.
Solutions and the Way Forward
Addressing this crisis requires systemic reforms across legal, institutional, and technological domains. Pollution Control Boards need substantial capacity enhancement—increased budgets, technical expertise, and operational independence.
Penalties must escalate dramatically, incorporating imprisonment for serious violations and proportionate fines reflecting economic harm caused.
Judicial orders require binding implementation mechanisms with contempt proceedings for non-compliance. Government accountability must be institutionalized through performance metrics and transparent reporting.
Technological solutions—transitioning to renewable energy, implementing BS-VI emission standards, expanding electric vehicle infrastructure, and deploying comprehensive air quality monitoring networks—are essential.
Public participation through citizen suits and PILs must be encouraged. Media scrutiny and civil society advocacy play crucial roles in maintaining pressure for enforcement. Environmental education should be integrated into curricula, fostering collective responsibility.
Article 51-A(g): It is the duty of every citizen to protect and improve the natural environment. So thus, every Indian must stand together and fight and protest – if any decisions have been made of such order that harm environment. We severely lack functioning citizens groups that can come together in the moment of need.
Conclusion
The price India pays for air pollution—millions of preventable deaths, degraded ecosystems, and economic haemorrhaging—is unconscionable and unsustainable. Legal frameworks exist; what’s missing is political will and institutional capacity for implementation. Clean air is not merely an environmental amenity but a constitutional right essential to human dignity. A rights-based, enforceable approach requiring collective responsibility from the State, judiciary, industry, and citizens is imperative.
The cost of inaction vastly exceeds investment in solutions. India must choose between continuing this deadly trajectory or embracing a future where every citizen can breathe without fear—a future where the right to life means something more than mere survival in toxic air.
