Pauly,Mathew; Dr.Rajeev, D(Cochin University of Science and Technology, August 11, 2009)
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Abstract:
Health is an important aspect of everybody’s life. Today, there
is an increasing recognition and commitment to the pursuit of health
both within government and beyond. Any attempt on the part of the
" State to protect and promote people’s health, in turn, must be
accompanied by effective controls on air quality, as air constitutes
‘ one of the important elements of man’s life and the consequences of
air pollution covers a very wide spectrum ranging from material
---damage to personal discomfort and illness.
The broad social and economic objectives adumbrated in the
Directive Principles of State Policy including the commitment to
improve public health underlying in Article 47 and the obligation to
preserve and protect-the natural environment cast under Article 48A
of the Constitution are being used as versatile weapons by the State
to regulate the public health scenario. Preservation and maintenance
of air quality is a significant area within the sphere of public health,
where the regulatory arm of the law is not adequately touched and in
this arena urgent State intervention through legislative and
administrative action is called for in the well-being of the society.
Judiciary also plays a pivotal role in this arena in the larger interest
of the society and for the benefit of the present and future
generations.
The research study is an attempt to analyze how far the
existing legal system, for maintaining air quality and in controlling air
pollution, is effective in protecting public health. The study also
analyzes the limitations of the control mechanisms. The study
focuses on industrial air pollution, indoor and personal air pollution,
vehicular pollution and noise pollution which are today appearing as
the major public health hazards affecting the air quality. However,
this is not to overlook the importance of controls required under
other areas of public health.
Description:
School of Legal
Studies, Cochin University of Science and Technology