Kiera Jefferson
India is the world's third most polluted country, with its capital being the most polluted in the world. The country has implemented several laws and regulations to combat vehicular pollution and its adverse health effects. The primary legislation governing vehicle emissions in India is the Bharat Stage (BS) emission standards, which specify the permissible limits for pollutants emitted by vehicles. The latest stage, BS VI, was implemented in 2020 and significantly reduces emissions of harmful pollutants. In addition to the BS emission standards, the government has also introduced measures to promote the adoption of cleaner fuels and electric vehicles. The Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, and the Motor Vehicles Act are also important pieces of legislation that address vehicle emissions.
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What You'll Learn
The Air (Prevention and Control of Pollution) Act, 1981
The Act established the right of the government to set vehicular emission standards and gave State Pollution Control Boards (SPCBs) the authority to prohibit the production or burning of any fuel that contributes to air pollution. SPCBs can set standards for emissions from industrial plants, automobiles, and other sources, in consultation with the Central Pollution Control Board (CPCB). The CPCB, established under Section 2 (g) of the Act, has its powers extended throughout India, while SPCBs are set up for individual states to carry out the CPCB's directives. Failure to comply with CPCB directives can result in imprisonment and fines.
The Air Act, 1981, was enacted in response to growing concerns about climate change and air pollution in India, caused by factors such as stubble burning, improper industrial practices, and environmental factors. It is one of the most important Indian laws addressing vehicle emissions, along with the Environment (Protection) Act, 1986, and the Motor Vehicles Act, 1988. These laws have helped India take initial steps towards mitigating the public health impacts of vehicle and fuel emissions, such as eliminating lead from petrol.
However, the implementation of these laws has been inconsistent, and rapid growth in motor vehicle traffic and fuel consumption has led to a corresponding increase in air pollution and adverse health effects. To address these issues, the government has set fuel efficiency requirements and emission standards, while also exploring alternative fuels and policy changes to better control automobile pollution.
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The Environment (Protection) Act, 1986
India has passed many environmental laws, including The Environment (Protection) Act, 1986, which is widely considered a response to the Bhopal gas leak tragedy. The Act is an "umbrella" legislation that has provided a framework for the country's environmental regulation regime. It covers all significant industrial and infrastructure activities and prohibits or regulates specific activities in coastal regions and ecologically sensitive areas.
The Act gives the central government the authority and responsibility to protect and improve the environment. This includes the power to take any action deemed necessary to prevent and address environmental pollution. The central government can establish environmental standards, restrict areas for industrial activity, and set procedures and safeguards to combat pollution. It can also examine, investigate, research, and distribute information about environmental pollution.
The Act provides for the coordination of various central and state authorities established under other environment-related laws, such as the Water Act and the Air Act. It has 26 sections divided into four chapters, with each chapter aiming to establish laws to protect the environment from future harm. The first chapter defines terms like "environment," "environmental pollutant," and "environmental pollution."
The Air (Prevention and Control of Pollution) Act, 1981, and the Motor Vehicles Act of 1988, are also crucial pieces of legislation that address vehicular pollution in India. The former grants State Pollution Control Boards (SPCBs) the authority to prohibit the production or burning of any fuel that contributes to air pollution. The latter establishes vehicular emission standards and empowers the central and state governments to regulate and enforce them.
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The Motor Vehicles Act, 1988/1989
The Motor Vehicles Act is an Act of the Parliament of India that regulates all aspects of road transport vehicles. The Motor Vehicles Act, 1988, came into force on 1 July 1989, replacing the Motor Vehicles Act, 1939, which had replaced the original Motor Vehicles Act, 1914.
The 1988 Act provides detailed legislative provisions regarding the licensing of drivers/conductors, registration of motor vehicles, control of motor vehicles through permits, special provisions relating to state transport undertakings, traffic regulation, insurance, liability, offences, and penalties. The Act also made the insurance of motor vehicles compulsory, with owners required to insure their vehicles against third-party risks. The insurance company covers the risk of loss to the third party due to the use of the insured motor vehicle.
The main reasons behind the enactment of this legislation were the rapidly increasing number of vehicles in the country and the need to encourage the adoption of higher technology in the automotive sector. There was also a growing concern for setting standards for vehicle components and road safety, as well as measures for pollution control. The legislation aimed to address the rising fuel consumption and air pollution resulting from the growth in motor vehicle traffic, which was causing adverse health effects.
To exercise the legislative provisions of the Act, the Government of India made the Central Motor Vehicles Rules 1989. These rules aimed to effectively track down traffic offenders and provide more deterrent punishments for certain offences. The Central Motor Vehicles Rules 1989 also addressed the need for improved regulation around the registration of drivers, with stricter protocols for granting driving licenses.
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Bharat Stage (BS) emission standards
India has passed several environmental laws to combat the problem of vehicular pollution. The Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, and the Motor Vehicles Act (MVA), 1988, are some of the most important Indian laws addressing vehicle emissions. The Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) play a crucial role in setting environmental standards, while the Ministry of Road Transport and Highways (MoRTH) enforces compliance with vehicular emission standards.
To specifically regulate the pollution emitted by cars and two-wheelers, the Government of India introduced the Bharat Stage Emission Standards (BSES). These standards set the maximum permissible levels of pollutants emitted from automotive or two-wheeler exhausts. The first emission norms were introduced in India in 1991 for petroleum distillate and in 1992 for diesel vehicles. The BSES have since undergone several iterations, with each iteration imposing stricter emission standards than its predecessor.
The initial BSI (BS1) standard was introduced in mid-1999, followed by BSII (BS2) and BSIII (BS3) in mid-2000 and 2005, respectively. BSIV or BS4, introduced in 2017, had stricter emission norms, prompting manufacturers to update their vehicles with new features and safety standards. In 2016, the Indian government announced that the country would skip the BS V norms and directly adopt BS VI norms by 2020. This decision was made to address the severe air pollution problem in Delhi, which had worsened by 2019.
The BS standards regulate tailpipe emissions of various air pollutants, including particulate matter, SOx, NOx, carbon monoxide, hydrocarbons, and methane. They apply to all vehicle categories and are mandatory for all vehicles manufactured since April 2020. The Supreme Court of India has played an active role in enforcing these standards, banning the sale and registration of motor vehicles conforming to BS IV norms from 1 April 2020 onwards.
While India has made significant progress in combating vehicular pollution through the implementation of BSES, there are still challenges. Urbanization and the associated increase in road transport continue to impact air quality. The government has set ambitious fuel efficiency targets and is encouraging the use of alternative fuels to further reduce vehicular emissions and protect public health.
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Central Motor Vehicles Rules (CMVR)
India has passed several environmental laws to address the rising problem of vehicular pollution, which has resulted from the rapid growth in motor vehicle traffic and fuel consumption. The Central Motor Vehicles Rules (CMVR) are one such set of regulations, which aim to control automobile pollution and its impact on air quality and human health.
The CMVR falls under the purview of the Ministry of Road Transport and Highways (MoRTH), which is responsible for enforcing compliance with India's vehicular emission standards. The CMVR-Technical Standing Committee (CMVR-TSC) is a crucial component of the CMVR framework. This committee comprises representatives from various organisations, including the MoHIPE, the Bureau of Indian Standards (BIS), the Automotive Component Manufacturers Association of India (ACMA), SIAM, state governments, and testing agencies. The CMVR-TSC plays a vital role in finalising proposals related to vehicular emission regulations. These proposals are then approved by the secretary and the minister of the MoRTH, giving them the force of law.
The CMVR has been instrumental in setting and enforcing vehicular emission standards, as seen in the case of Murli Purushottam v. Union of India. In this case, the petitioner highlighted the adverse effects of uncontrolled vehicle emissions on air quality. The Court directed the state government to implement Rule 115 and Rule 116 of the CMVR, 1989, and expedite the installation of air quality monitoring equipment. This example demonstrates the practical application of the CMVR in addressing vehicular pollution.
Additionally, the CMVR complements other key pieces of legislation, such as the Air (Prevention and Control of Pollution) Act, 1981, the Environment (Protection) Act, 1986, and the Motor Vehicles Act (MVA) of 1988. These acts provide a comprehensive framework for regulating vehicular emissions and protecting the environment. The Air Act, for instance, empowers State Pollution Control Boards (SPCBs) to set standards for emissions from automobiles, while the Environment Act authorises the central government to regulate activities that can harm the environment, including the burning of fossil fuels.
The CMVR, along with these complementary acts, provides a legal foundation for India's efforts to combat vehicular pollution. However, effective implementation remains a challenge, as rapid urbanisation and increasing vehicle ownership continue to contribute to air quality deterioration. To address this, the government has set ambitious fuel efficiency targets and is encouraging the use of cleaner modes of transportation.
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