Women Petition NHRC Over Air Pollution's Impact on Children's Health
Women from Delhi-NCR have approached the NHRC, highlighting how severe air pollution is violating children's right to life and health.
Photo by Abhishek Choudhary
Quick Revision
Women from Delhi-NCR petitioned the NHRC.
Petition highlights air pollution's impact on children's right to life and health (Article 21).
Children are more vulnerable to pollution.
The petition cites a UNICEF report on air pollution's effects on children.
Visual Insights
Air Pollution & Human Rights: Delhi-NCR Petition to NHRC
This map highlights the Delhi-National Capital Region (NCR), the focal point of the air pollution crisis impacting children's health, and the location of the National Human Rights Commission (NHRC) in New Delhi, where the petition was filed. It underscores the geographic concentration of the issue and the institutional response.
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Exam Angles
Constitutional provisions related to environment and health (Article 21, 48A, 51A(g))
Role and powers of quasi-judicial bodies like NHRC and NGT
Government policies and initiatives to combat air pollution (NCAP, GRAP, AQI)
Environmental laws and acts (Air Act 1981, EPA 1986, NGT Act 2010)
Judicial activism and environmental jurisprudence
Public health implications of environmental degradation
View Detailed Summary
Summary
A group of women from the Delhi-National Capital Region (NCR) has filed a petition with the National Human Rights Commission (NHRC), drawing attention to the severe impact of air pollution on children's health. They argue that the deteriorating air quality infringes upon children's fundamental right to life and health, as guaranteed by Article 21 of the Constitution.
The petition emphasizes that children are particularly vulnerable to pollution, suffering from respiratory illnesses and long-term developmental issues. This move underscores the growing public demand for effective government action on air pollution and the role of human rights institutions in advocating for environmental justice.
Background
The issue of air pollution in the Delhi-NCR region has been a persistent environmental and public health crisis. Over the years, various studies have highlighted its severe health impacts, particularly on vulnerable populations like children and the elderly.
This has led to increased public awareness and demands for governmental action. The judiciary has also played a significant role, expanding the scope of Article 21 (Right to Life) to include the right to a clean environment through landmark judgments.
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Practice Questions (MCQs)
1. With reference to the National Human Rights Commission (NHRC) in India, consider the following statements: 1. The NHRC can inquire into any violation of human rights even if the matter is pending before a State Human Rights Commission. 2. It has the power to recommend compensation to victims and initiate prosecution against public servants found guilty of human rights violations. 3. The NHRC's recommendations are binding on the central or state governments. Which of the statements given above is/are NOT correct?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: D
Statement 1 is incorrect. The Protection of Human Rights Act, 1993, states that NHRC shall not inquire into any matter which is already being inquired into by a State Human Rights Commission or any other commission. Statement 2 is incorrect. The NHRC can recommend compensation to victims and *recommend initiation of prosecution* against public servants, but it does not have the power to directly initiate prosecution. Statement 3 is incorrect. The recommendations of the NHRC are generally advisory in nature and not binding on the central or state governments.
2. In the context of the right to a clean environment in India, which of the following statements is/are correct? 1. The right to a clean environment has been explicitly enshrined as a fundamental right under Article 21 of the Constitution by a constitutional amendment. 2. The Supreme Court of India has interpreted Article 21 to include the right to a healthy environment, linking it to the right to life and personal liberty. 3. Article 48A of the Constitution, a Directive Principle of State Policy, mandates the State to protect and improve the environment and safeguard forests and wildlife. Select the correct answer using the code given below:
- A.1 and 2 only
- B.2 and 3 only
- C.3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is incorrect. The right to a clean environment is not explicitly enshrined by a constitutional amendment under Article 21. It has been *interpreted* by the judiciary as an integral part of Article 21. Statement 2 is correct. The Supreme Court, through various landmark judgments (e.g., M.C. Mehta cases, Subhash Kumar v. State of Bihar), has expanded the scope of Article 21 to include the right to a healthy and pollution-free environment. Statement 3 is correct. Article 48A, part of DPSP, states: 'The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.'
3. Consider the following pairs regarding initiatives and legal frameworks for air pollution control in India: 1. National Clean Air Programme (NCAP): Aims to reduce particulate matter concentration by 20-30% by 2024 compared to 2017 levels. 2. Graded Response Action Plan (GRAP): Set of emergency measures implemented in Delhi-NCR based on air quality levels. 3. Air (Prevention and Control of Pollution) Act, 1981: Primarily focuses on controlling vehicular emissions and setting fuel standards. Which of the pairs given above is/are correctly matched?
- A.1 and 2 only
- B.2 and 3 only
- C.1 and 3 only
- D.1, 2 and 3
Show Answer
Answer: A
Pair 1 is correctly matched. NCAP is a long-term, time-bound national-level strategy to tackle air pollution across the country, with specific targets for PM reduction. Pair 2 is correctly matched. GRAP is an emergency action plan for Delhi-NCR, implemented in phases based on the severity of air pollution. Pair 3 is incorrectly matched. The Air (Prevention and Control of Pollution) Act, 1981, provides for the prevention, control, and abatement of air pollution and the establishment of Boards for that purpose. While it covers various sources, it is not *primarily* focused on vehicular emissions and fuel standards, which are largely handled by other regulations under the Motor Vehicles Act and environmental norms, and the Environment (Protection) Act, 1986.
4. With reference to environmental governance in India, consider the following statements: 1. The National Green Tribunal (NGT) was established under the Environment (Protection) Act, 1986, to handle cases relating to environmental protection and conservation. 2. Unlike the NHRC, the NGT has the power to pass binding orders and award compensation for environmental damage. 3. The Central Pollution Control Board (CPCB) is a statutory organization constituted under the Water (Prevention and Control of Pollution) Act, 1974, and also entrusted with powers and functions under the Air (Prevention and Control of Pollution) Act, 1981. Which of the statements given above is/are correct?
- A.1 and 2 only
- B.2 and 3 only
- C.3 only
- D.1, 2 and 3
Show Answer
Answer: B
Statement 1 is incorrect. The NGT was established under the *National Green Tribunal Act, 2010*, not the Environment (Protection) Act, 1986. Statement 2 is correct. NGT's orders are binding, and it can award compensation, unlike NHRC whose recommendations are generally advisory. Statement 3 is correct. CPCB was indeed constituted under the Water (Prevention and Control of Pollution) Act, 1974, and subsequently given powers under the Air (Prevention and Control of Pollution) Act, 1981.