The Growing Pollution Crisis In India
INTRODUCTION
Water and Air are the primary needs of life. In many big cities of India, they have turned out to be a major source of health hazard, and this not only does serve as a threat to the environment but also is a threat to the people’ health and their fundamental rights. In major cities of Uttar Pradesh, such as, Lucknow, Varanasi, Kanpur, etc. the air is covered with a thick layer of dust and smoke. Along with that, the Ganga and Yamuna rivers are also filled with waste. This isn’t limited to just being a small issue now.
The Air Quality Index (AQI) is a tool that measures the air quality and its health. Continuing with the example of Uttar Pradesh, the average AQI of the cities is 107, which lands in the “poor” category. This shows the presence of tiny particles in air known as the PM2.5 and PM10. These particles are emitted from burning waste products, factories and vehicles. In Kanpur, the average AQI has been 101 this year till now, as of now in October 2025 its somewhere between 99- 122, which is again in the “Poor” category.
The Ganga and Yamuna rivers are related to the holy sentiments of many people, despite that they are being layered with unchecked waste from factories and households. Studies and reports mention the presence of high quantities of chemicals, metallic waste and other dirt in these rivers. In case of any event, the level of pollution increases due the misbehavior of the crowd and poor waste management system. There are many case precedents which have established that clean air and water are included in the Right to life under Article 21 of the constitution.
This blog shall deal with how does pollution impact the people and what are the reasons for its unchecked growth, concluding with a relevant legal view on it.
CAUSES OF GROWING POLLUTION
The main cause for the increasing rate of pollution is the unchecked human activities. In major cities of India, the increase use of vehicles is an important cause of air pollution. They release gases which are harmful directly into the air. Burning of crop waste in winter season also adds up to the existing scenario making it much worse. On top of that, the role of factories and construction companies by releasing dust and chemicals degrade the air quality even more.
Continuing with the example of Kanpur, there are a lot of power plants and leather factories there because of which the AQI of Kanpur has increased from 114 in March 2023 to 157 in November 2024. The heavy traffic jams at Lucknow have stopped the AQI of the city from decreasing to more than 115.
Water Pollution has some very common causes too. The untreated waste from cities that come from chemical factories and households has been dumped into the water bodies. As per an article from the Indian Express [1]– “The Yamuna gets 58% of Delhi’s waste, which flows to Uttar Pradesh. During Maha Kumbh 2025 in Prayagraj, the Ganga and Yamuna had high faecal coliform levels, meaning poop bacteria in the water. This comes from poor toilets and waste systems. Solid waste like plastic clogs the rivers, killing fish and plants.”
VIOLATION OF FUNDAMENTAL RIGHT UNDER ARTICLE 21 OF CONSTITUTION
The Article 21 of the constitution mentions that every person has a right to life. The judiciary over the period of time has interpreted that it also includes the right to have a clean environment.
In the case of “Subhash Kumar v. State of Bihar (1991) 1 SCC 598” the court said that a right to enjoy pollution free air and water is also a part of right to life. The court further said that if any action if degrades the environment would result in affecting the health condition of the people and thus violating article 21. It also said that if a state does not carry out relevant actions for the prevention of pollution, then the public has locus standi to approach the Hon’ble Supreme Court under article 32 of the constitution.
In the landmark case of “M.C. Mehta v. Union of India, (1988) 1 SCC 471” (Ganga Pollution Case), the Court said that the industries should not be operating at the expense of the health of the people and the health of the environment. The Hon’ble Court also issued orders to shut down factories which are discharging waste into the Ganga River without proper treatment facilities.
In 1996 came forward the case of “Vellore Citizens’ Welfare Forum v. Union of India, (1996) 5 SCC 647”, where two international environment law principals was taken into formal consideration by the Hon’ble Court, which were the principle of ‘the polluter pays’ and the ‘precautionary principle’ and considered them as the part of the laws under article 21, article 47, article 48A and article 51A(g) (articles dealing with public health, environment protection). The Hon’ble Court remarked that the development of the economic condition of the country cannot be at the cost of the environmental balance.
Lastly another landmark case of the Oleum Gas Leak Case i.e. the “M.C. Mehta v Union of India (1987) 1 SCC 395” wherein the principle of absolute liability was given by the Supreme Court, clarifying that the industries which are involved in the dangerous and hazardous activities, irrespective of whether they were negligent or not, will be 100% liable for providing compensation to the aggrieved.
The Hon’ble Supreme Court’s judgement on this topic has been very insightful and forward looking but the problem lies in the non-effectiveness of the enforcement of these decisions. The concerned authorities are not acting in compliance to these judgements and due to which there is a void in the actual practical following of these orders.
POLLUTION CONTROL MECHANISMS
There has been different acts and authorities formed from time to time for the governance of this problem. Looking at these acts in a chronological order, the very first act which was introduced was the Water Act, 1974. After which came the Air Act,1981 and at last the act which covered all the aspects of the environment, the Environment Act, 1986 itself. Despite such acts into existence, there was a lack of enforcement mechanism, which made these acts weak.
Recently in 2025, the NGT (National Green Tribunal) called the UPPCB (Uttar Pradesh Pollution Control Board) for its inaccurate information on the pollution caused during the Maha Kumbh in 2025. Similarly, NGT also reviews compliance reports on the air quality of the NCR Region, submitted by the CPCB (Central Pollution Control Board). There is always a lack of implementation mechanisms of the proper actions that need to be taken, which ultimately happens to be the difference in the policy made and its practical implementation.
To stop the factories and cities from dumping untreated toxic waste into the river or any other water bodies, the government made the sewage disposal and treatment policies stricter than before, by bringing new rules in the form of “Draft Liquid Waste Management Rules, 2024, notified by the Union Ministry of Environment, Forest and Climate Change (MoEF&CC)” however the implementation rate of these rules has been relatively low. The main reasons for this are found to be the lack of funds, technical staff and infrastructural shortage from the required standard.
CONCLUSION
The increase in the rise of air and water pollution in cities of India (as in examples mentioned of Uttar Pradesh) is alarming and requires attention at the earliest. If not resolved at the right time it will act as a slow poison and eventually become a major hazard. The air quality in many cities range in the danger zone, some exceeding the levels of required standards given by the National Ambient Air Quality Standards. This increasing level of pollution not only endangers the environment around us, but also poses as a potential threat to the public health.
The primary cause behind this increasing threat is the failure to enforce the laws that are made for them. The Air Act,1981, Water Act,1974 and the Environment Act, 1986 are in itself capable for managing the increasing problem of pollution, but the mechanism behind its enforcement has been weak over the years, which has resulted in the increase of levels in the cities. Also, another problem that hovers here is that, the pollution control boards whose primary function is to monitor and punish those who are not abiding by the rules, are still battling with the issue of understaffing and lack of technical equipment. The landmark judgments explained above clearly show the judiciary’s unwavering support to curb the pollution levels and maintain a clean environment for the public, but common problems such as infrastructural shortage and technological backwardness has blocked the pathway for a progressive environmental change.
Lastly, it has to be noted over here that the government is not alone to be blamed for this increasing damage. The citizens also play a very important role in this problem, as one can not just blame the local political heads for not keeping the city clean; in order to demand a cleaner city, it should start from the people of the city as well. It has been seen over a lot of studies that people discharge their untreated wastes from their households or local factories into the water bodies, the dust and smoke chemicals released from the vehicles which are unnecessarily used by the people, all contribute in increasing the pollution levels. The future of our environment depends on the actions we carry out today. So, one should act in responsible manner and contribute towards the betterment of the society as a whole.
Author:– Anushka Singh, in case of any queries please contact/write back to us atsupport@ipandlegalfilings.com or IP & Legal Filing.
REFERENCES
- https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/pollution-strangles-ganga-indias-sacred-lifeline-10278636/
- https://cwc.gov.in/sites/default/files/water-quality-report-kumbh-mela-2025.pdf
- https://ijirl.com/wp-content/uploads/2025/04/SACRED-YET-POLLUTED-GANGES-POLLUTION-DURING-MAHAKUMBH-2025.pdf
- https://www.indiawaterportal.org/people-and-culture/culture/can-we-celebrate-kumbh-while-ignoring-the-health-of-its-rivers
- https://www.thehindu.com/news/national/maha-kumbh-2025-ngt-pulls-up-up-pollution-board-for-inadequate-info-on-high-faecal-coliform-bacteria-levels/article69239797.ece
- https://indiankanoon.org/doc/1646284/
- https://indiankanoon.org/doc/1934103/
- https://indiankanoon.org/doc/1486949/
- https://indiankanoon.org/doc/1486949/
- https://indiankanoon.org/doc/1199182/
- https://www.statista.com/topics/6853/environmental-pollution-in-india/?srsltid=AfmBOoqqoE7G15ABH29wwMMpwWM-1Ndikd9kPCsfqZt970fiFfsyxV2e
- https://www.worldbank.org/en/country/india/publication/catalyzing-clean-air-in-india
- https://cpcb.nic.in//upload/Downloads/AQI_Bulletin_20251008.pdf
- https://www.aqi.in/us/dashboard/india/uttar-pradesh
[1] https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/pollution-strangles-ganga-indias-sacred-lifeline-10278636/
