Air quality in Pakistan is becoming extremely dangerous day by day. The reasons for air pollution in Pakistan is mainly due to emission from vehicles, industrial emissions and solid waste burning. Recent data claims that Peshawar, Rawalpindi, Karachi, Islamabad, and Lahore have consistently seen high levels of air pollution.

According to the World Health Organization’s guidelines, the air quality in Pakistan is unsafe. The country’s annual mean concentration of PM2.5 is 58 µg/m3, exceeding the recommended limit of 10 µg/m3. Pakistan was also ranked as the second most polluted country in the world by the World Air Quality Report in 2019.

The right to a clean and healthy environment is a fundamental right guaranteed to every citizen of Pakistan as opined by the Supreme Court of Pakistan in Shehla Zia vs WAPDA (1994). The State is obligated to provide the same to its citizens. Accordingly, Pakistan has enacted a number of legislations and established appropriate bodies that cater to protecting the environment. This article looks at these legislations and institutions to assess whether they are sufficient and have the capacity to cater to the disastrous air quality of Pakistan.

1. Protection Ordinance of Pakistan, 1983

The Protection Ordinance of Pakistan 1983 was the first comprehensive legislation prepared for the country whose main objective was to establish institutions such as the Federal and Provincial Environmental Protection agencies and the Pakistan Environmental Protection Council (PEPC).

2. The Punjab Environment Protection Act (PEPA) 1997:

The Punjab Environment Protection Act 1997 was introduced to protect, conserve, rehabilitate and improve the environment in order to prevent and control pollution and promote sustainable development. It repealed the Pakistan Environmental Protection Ordinance 1983. The Act discusses the implementation of NCS, establishment of provincial sustainable development funds, protection and conservation of species, renewable resources and the creation of Environmental Tribunals and the appointment of Environmental Magistrates along with the Initial Environmental Examination (IEE) and the Environmental Impact Assessment (EIA).

In Anujum vs LDA (1997), the Lahore Court stated that the Lahore Development Authority (LDA) needs to frame a national environmental quality standard by virtue of the Pakistan Environment Protection Act 1997.

The aforementioned are the primary legislations regulating environmental protection in Pakistan. However, various provisions in other laws also cater to atmospheric pollution. These include:

3. The Pakistan Penal Code, 1860:

Section 278 of the Code states that vitiates the atmosphere and makes it noxious to the health of a person in general dwelling, in a business setting or in a neighbourhood or public way shall be punished with a fine not exceeding five hundred rupees.

4. The Motor Vehicle Rules, 1969:

Rule 155 of the same states that every motor vehicle shall be constructed in such a way that the exhaust gas from the engine is not discharged. Furthermore, as per Rule 163 it is required that every motor vehicle is constructed, maintained and driven in such a way that no smoke, vapour, sparks etc. is emitted which may cause damage to a person or endanger their property.

5. The Punjab Local Government Ordinance, 1979:

Section 51 of the Ordinance lays down the functions of Zila Council which is authorized to direct the government to undertake, prepare and implement any schemes for the prevention of air pollution through gases, dust or other substances emitted through automobiles, engines, factories etc. In addition to this, Section 93 of the Ordinance talks about the role of an urban local council who may prepare and implement schemes for the prevention of air pollution by gases or other substances.

In addition to these, the Government of Pakistan has also enacted a few policies and programmes to improve the environment of the country, including:

1. The National Conservation Strategy 1992: The Strategy aims to protect the environment and has so far conducted awareness campaigns, institution buildings. The strategy has not done anything substantial to improve the environment.
2. The National Environmental Action Plan 2001: This Plan aimed to achieve environmental sustainability and poverty reduction through economic growth. One of its core programs included air pollution. The plan helped introduce unleaded gasoline and reduced the use of sulfur in diesel.
3. The National Environmental Policy 2005: It provides a framework for addressing the environmental issues faced by Pakistan including air pollution. It gives directions for addressing cross sectoral issues aswell on the underlying causes of environmental degradation. It also gives guidelines regarding the fulfillment of international obligations of Pakistan.
4. Pakistan Clean Air Programme 2020: It introduced the sources of air pollution which included agriculture residue burning, forest fires and vehicular emission.
5. The Clean Air Network (PCAN) 2005: The Network was introduced in Pakistan under an agreement with the Asian Development Bank in 2005. PCAN’s main objectives include addressing air quality issues in Pakistan and promotion of better air quality management. It also keeps track of air quality trends, impacts and responses and works with stakeholders such as government agencies and development partners to improve air quality.

While it is clear that Pakistan does have legislation regarding the environment and has created policies and laws that cater to air pollution specifically, a question arises, why is Pakistan still not able to keep its environment safe? Is it due to lack of strict implementation or lack of attention and awareness? Whatever the answer may be, Pakistan needs to turn its attention towards air pollution before it proves to be disastrous.

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Mahnoor Islam

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