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3 Oct 2024

12 The legislative process for the vulnerable: There are environmental legislations that outline the role of the executive like the Environment (Protection) Act, 1986, and the Air (Prevention and Control of Pollution) Act, 1981, which have a few provisions to reduce air pollution exposure of the inequitably impacted population. [...] The experiences in the USA and the evolution of its environmental justice legislation underscore the importance of involving marginalized communities in the governance of air pollution control actions and fund disbursements. [...] This had led to a decline in the share of walking and cycling for the community.15 Yet another study by the Ahmedabad-based Centre 22 for Environment Planning & Technology (CEPT) shows that the share of transport cost in the household budget increased significantly for the bottom 50 per cent of the population, and that on education and health had stagnated. [...] The Supreme Court, invoking Article 21, directed the closure of industries violating pollution norms and ordered the implementation of measures to improve air quality, emphasizing the right to a clean and healthy environment as part of the right to life. [...] However, due to a lack of proper guidelines and mandates, the application of these provisions, concerning justice principles, is left to the discretion of the enforcer and the polluters.

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Pages
108
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India

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