THE BHOPAL TRAGEDY
Q1) The Air Pollution Act 1981 was already applicable when Bhopal Gas Tragedy took place in 1984. Please go through sections of the law and state weather the law is adequate to address the challenges that occured during this time.
The Air (Prevention and Control of Pollution) Act of 1981 was already in effect when the Bhopal Gas Tragedy occurred in 1984. However, considering the magnitude and nature of the disaster, it is evident that this legislation was insufficient to address such an unprecedented event. The scale and impact of the tragedy revealed the inadequacy of the existing law in dealing with such an extraordinary situation.
What the Air Act was designed for:
The Air Act was established to tackle common pollution issues, such as emissions from factories or vehicles that contribute to air pollution over time. It empowered the government to establish air quality standards and mandated that industries obtain permission before releasing pollutants into the atmosphere. Additionally, it established central and state-level boards to monitor pollution and take action when industries failed to comply with the regulations.
The Act aimed to address the detrimental effects of air pollution on public health and the environment. By setting standards for the air we breathe, it sought to ensure that individuals are protected from harmful pollutants. Industries were required to adhere to these standards and obtain permits before discharging pollutants, ultimately promoting responsible and sustainable industrial practices.
Furthermore, the establishment of central and state-level boards to monitor pollution was a crucial aspect of the Act. These boards played a pivotal role in enforcing regulations and taking necessary actions when industries violated the prescribed standards. This proactive approach not only held industries accountable for their impact on the environment but also facilitated the protection and preservation of air quality for present and future generations.
In essence, the Air Act was a significant step towards mitigating air pollution and safeguarding public health and the environment. It underscored the importance of regulatory oversight and responsible industry practices in maintaining clean and healthy air for all
Important Sections of the Air Act, 1981:
Section 1: Short title, extent and commencement
Section 2: Interpretation
This section defines some important terms to include "air pollutant," "air pollution," and "emission." However, it will focus on the typical pollutants, like dust, smoke, and chemicals which degrade air quality over time. Toxic industrial chemicals, such as methyl isocyanate (MIC), which caused the Bhopal tragedy, are not mentioned here.
Section 4 Composition of State Boards
These Chapters constitute the Central and State Pollution Control Boards with a view to maintaining oversight in preventing and controlling air pollution. They have a responsibility to advise governments on standard amounts of air quality, coordinating efforts to deal with pollution. Their role is limited to monitoring air quality and long-term control of pollution rather than industry safety or response mechanisms in the case of a leak of toxic gas.
Section 16: Functions of the Central Board
Section 17: Functions of the State Boards
Such sections are indicative about what the Central as well as State Boards have to do. They are expected to implement air pollution control programs, make standards regarding air quality and arrange for compliance by the industry of the limits of emission. The theme still remains focused on routine emissions rather than any catastrophe from the accidents of an industrial nature.
