“Clean air shouldn't be a privilege dictated by where you can afford to live but a right to which we are all

entitled”. Kevin De Leon

I. INTRODUCTION Regardless of this constitutional protection against

Pakistan has one of the world’s most severe urban air
pollution. The scale of the crisis in the country has once
again been laid bare by the recent 2018 Environmental
Performance Index where among a total of 180
countries, Pakistan was ranked at 176 on air quality.1
The deteriorating ambient air quality has left millions to
breathe unhealthy air. Consequently, around 22,600
amateur deaths and 5 million childhood illnesses
annually are attributed directly or indirectly to air
pollution in the country.2
Unlike some countries where separate constitutional
right to clean air is guaranteed, the Constitution of
Pakistan does not distinctly mention it nonetheless it has
been adequately enshrined in the legal policy construct.3
Jurisprudence developed by the apex court of Pakistan
has, however, read the right to life expansively to
include the right to clean environment in quality life.4 In
a subsequent judgment, the Sindh High Court invoked
the public trust doctrine which obligates the state to act
as the guardian of nature on behalf of the public right to
clean air and environment.5
polluted air, weak regulatory institutional set-up and
procedural barriers have caused air quality to become a
leading threat to public health in Pakistan. The severity
of the crisis demands a focused analysis of the
underlying causes of weak air quality management in
the country. This brief is an attempt to critically
overview: (a) the status of ambient air quality and the
incidence of health damage in the country, and (b)
shortcomings in legal and policy construct for regulation
of air quality and the factors causing weak enforcement
of environmental laws. The purpose of the study is to
emphasize the urgency of an enforceable public right to
clean air.
II. STATUS OF AMBIENT AIR QUALITY
Though data on air quality in Pakistan is uneven,
available sporadic statistic points to a continuous
deterioration as concentration of many toxic pollutants
has substantially exceeded the safety thresholds in many
cities. Particulate Matter (PM) is one of the leading
environmental risk factors.6 Exposure to it can result in

1“Environmental Performance Index Report”, Yale Center for Environmental Law & Policy, (2018).
2 “Environmental health and child survival: epidemiology, economics, experiences”. World Bank, (2008).
3 In South Asian region, Maldives, Nepal and Bhutan guarantee clean air as a constitutional right.
4 In Shehla Zia and others vs. WAPDA, PLD 693 SC (1994), the Honorable Supreme Court interpreted the right to life under Article 9 to

cover not merely physical existence but also the right to a quality life and safety from health hazards including environmental pollution.
5 Sindh Institute of Urology and Transplantation and Others vs. Nestlé Milk Limited and Others, CLC 424 Karachi (2005)
6 Particulates are classified according to size, either as PM10 (particles of ≤10µm (micrometres) diameter) or PM2.5 (particles of ≤2.5µm

diameter particles which are 200 times smaller than a grain of sand).PM can get into the lungs and blood and be transported around the
body, lodging in the heart, brain and other organs.

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severe health damages. 7 Pakistan has dangerously Fig. 2 PM2.5 mean annual exposure (micrograms per
higher concentrations of both PM10 and PM2.5. As per a cubic meter)
latest WHO report, three cities of the country namely
Peshawar, Rawalpindi and Karachi fall among the
world’s top 20 cities with the most extreme PM10 120
concentrations (see Fig.1).8
100
Fig. 1 PM10 mean annual exposure (micrograms per
cubic meter) 80

60

40

20

PM2.5 (micrograms per cubic meter)

Source: World Bank Indicators (2016)

Source: World Health Organization, 2016
Apart from PM, other toxic pollutants include Sulphur
Furthermore, the level of PM2.5 in the air of Pakistan is
Dioxiode (SO2), Nitrogen Dioxiode (NO2) and Ozone
particularly alarming. It not only substantially exceeds
(O3).The annual average NEQS benchmarks of 15 μg/m3
the WHO and national guidelines (as shown by Pak
for PM2.5, 80 μg/m3 for SO2, and 40 μg/m3 for NO2,10
NEQS in Fig.2) but are much higher compared to the
however , the available data for 5 cities of the country
neighboring countries in the region. Also, 135,100
shows very high concentration of these pollutants,
deaths in the country were attributed to PM2.5 exposure
particularly in the case of Karachi, Peshawar and
in the year 2015 alone.9Fig.2 shows the regional picture
Lahore.
of mean annual exposure of PM2.5.

7 Sanchez-Triana, Ernesto, Santiago Enriquez, Javaid Afzal, Akiko Nakagawa, and Asif Shuja Khan. “Cleaning Pakistan's Air: Policy Options
to Address the Cost of Outdoor Air Pollution”. The World Bank, (2014).
8 “Ambient air quality database”, World Health Organization, (2016).
9“State of Global Air”, Health Effects Institute, (2017).
10 “National Environment Quality Standards for Ambient Air”, MOE (2010).

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Table. 1 Average and Maximum Values of PM 2.5, Above analysis takes into account only a few pollutants
SO2, NO2 for Five Different Cities11 with high risk impacts. Absence of clean air regulations
is costing the country colossal damage in terms of health
PM 2.5 SO2 NO2 and life losses. To uncover the causes of the prevailing
(μg/m3) (μg/m3) (μg/m3) precarious situation, subsequent section overviews the
Avera Ma Avera Ma Avera Ma legal right to clean air in the country.
ge x ge x ge x
Islamab 61 ± 15 6 ± 3 32 49 ± 19 III. THE RIGHT TO CLEAN AIR: THEORETICAL
ad 31 7 28 6 OUTLOOK
Quetta 49 ± 96 54 ± 13 37 ± 83
26 26 6 15 Pakistan lacked environmental legislation during its
Karachi 68 ± 20 34 ± 17 46 ± 12 early years. However, with the evolution of international
38 1 34 3 15 2 environment law, Pakistan's constitutional scheme
Peshaw 71 ± 14 39 ± 14 52 ± 14 underwent certain changes. With the insertion of
ar 38 6 34 7 21 1 ‘Environmental pollution and ecology' in the concurrent
Lahore 143 ± 43 71 ± 30 52 ± 12 list of 1973 constitution, for the very first time the
69 3 48 9 21 9 federal and provincial legislatures were authorized to
environmental legislation.
Source: World Bank (2014).12
Owing to the devolution of environment as a subject to
Over the past 25 years, Pakistan (along with India, provinces under the 18th amendment, the development
Bangladesh and China) has also experienced one of the of environmental law in Pakistan can be segregated into
largest population-weighted ozone concentrations. As two distinct periods, i.e. pre-devolution and post-
exposure to ozone is highly linked to chronic obstructive devolution. However, strictly speaking, the cornerstone
pulmonary disease (COPD), ozone was responsible for of environment legislation was both the 1983 National
5000 deaths across Paksitan in 2015, owing to the Environment Quality Standards (NEQS) (introduced for
incidence of COPD.13 protection of ambient air quality and further revised in
2009), and the Pakistan Environmental Protection Act
Fig. 3 Trends in seasonal average population (PEPA) 1997 which provided an exclusive framework
weighted ozone concentrations in the most populous for the protection of environment. Under the stated act,
countries the responsibility for environment and air protection was
delineated to both the central and provincial
governments. Table.2 gives a comprehensive overview
of the plans, policies and acts pertaining to air standards
in the pre-devolution era.

Table. 2 Pre-Devolution Development of Pakistan’s

Norms on Air Pollution, 1983–2009

Act or Regulation Requirement

Pakistan Established the
Environmental requirement to prepare an
Protection Ordinance Environmental Impact
,1983 Assessment for
Source: State of Global Air, 2017.14 development projects

11 Data for Rawalpindi was not mentioned.

12 12Sanchez-Triana, Ernesto, Santiago Enriquez, Javaid Afzal, Akiko Nakagawa, and Asif Shuja Khan. Cleaning Pakistan's Air: Policy
Options to Address the Cost of Outdoor Air Pollution. The World Bank, 2014.
13 “State of Global Air”, Health Effects Institute, (2017).
14 “State of Global Air”, Health Effects Institute, (2017).

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 National Issued standards National Air Quality Establishes NEQS for
Environmental Quality applicable to industrial Standards, 2010 ambient air quality
Standards (NEQS), and municipal liquid approved by the PEPC
1993 effluents and industrial
gaseous emissions In consonance with the policy construct, similar efforts
(replaced PEPO 1983). were made for designing a systematic institutional setup
Pakistan Environment Enabled the government overseeing the operation and implementation of the
Protection Act to levy a pollution charge stated acts and policies. In this regard, Pakistan
(PEPA), 1997 to those exceeding Environmental Protection Council (PEPC) was
NEQS and mandated that established under the PEPA, 1997 as a supreme
those who pay it cannot be environmental policy making body for the whole
charged with an offense country. Additionally, Pakistan Environmental
for exceeding the Protection Agencies (Pak-EPA and provincial EPAs)
standards were established at both federal and provincial levels
Revised NEQS, 1999 Relaxed NEQS, which respectively. This was followed by approval of the
were considered more National Conservation Strategy (NCS) and
stringent than those of establishment of a full-fledged functional ministry for
other countries in the Environment.
region, and adjusted them
based on Pakistan’s With the passage of 18th amendment, the concurrent
conditions and practice in legislative list was abolished and the subject of
South Asia. "Environmental Pollution and Ecology" was devolved
National Environment Introduced unleaded to the provinces. However, PEPA remained in force
Action Plan, 2001 gasoline and reduced during the transition period i.e. till the provinces
sulfur in diesel in Pakistan legislated their own environmental protection laws. 15
National Environment Set as a priority the Against the backdrop, Punjab passed Punjab
Policy, 2005 establishment of ambient Environmental Protection (Amendment) Act, 2012 16
air quality standards, (hereinafter Punjab Act) and Balochistan enacted the
enacting the National Balochistan Environmental Protection Act, 2012
Clean Air Act and (hereinafter Balochistan Act). 17 Following it, the
updating emissions provinces of Sindh and Khyber Pakhtunkhwa enacted
standards for mobile and their respective laws in 2014 as the Sindh
stationary sources Environmental Protection Act, 2014 (hereinafter Sindh
Pakistan Clean Air A set of interventions Act) 18 and Khyber Pakhtunkhwa Environmental
Program, 2005 designed to attack the Protection Act, 2014 (hereinafter KP Act). 19 At the
primary sources of urban federal level, the Ministry of Environment was absorbed
air pollution. and Ministry of Climate Change was established in
National Air Quality Revised emission April 2012.20
Standards, 2009 standards for all new and
in-use vehicles approved Each Province now has its own provincial
by Environmental Protection Council (EPC) and the
the PEPC. provincial Environmental Protection Agency (EPA)

15 Under Article 270AA of the constitution of Pakistan, 1973

16 The Punjab Environmental Protection Act, 1997, available at http://punjablaws.gov.pk/laws/2192a.html .The Punjab Act came into force
on 18 April 2012.
17 The Balochistan Environmental Protection Act, (2012),Available at : https://bhc.gov.pk/publications/books/environmental-law/acts-laws.
18 The Sindh Environmental Protection Act, (2014). Available at:

http://shehri.org/k2k3/Sindh%20Environmental%20Protection%20Act,%202014.pdf
19 The Khyber Pakhtunkhwa Environmental Protection Act, 2014.Avaialbale at:

http://kp.gov.pk/uploads/2016/04/7._Environmental_Protection_Act,_2014_.pdf
20 The Ministry of Climate Change was downgraded to a division in June 2013.

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 having the primary responsibility to administer and
implement the provisions of their respective laws.21 In
addition to the provincial environmental protection
agency, Balochistan is the only province which went one
step ahead and also created EPAs at district level.22
To protect and conserve environment, the provincial
acts of each province respectively introduced
comprehensive judicial institutional framework, 23
including environmental tribunals (ET) 24 and
environmental magistrates (EM) 25 in Pakistan
(discussed in next section).
Fig. 4 Post- Devolution Administrative Frame work
agencies (EPAs), the environment tribunals (ETs)26 and
environmental magistrates (EMs)27 have a vital role in
the implementation of environmental laws. The
provincial EPAs are the primary environment regulatory
bodies responsible for administration and
implementation of the provisions of respective laws and
the rules and regulations made thereunder. 28 They are
authorized for the enforcement of the provincial
environmental standards of the respective provinces. 29
Whereas, ET’s have exclusive jurisdiction over matters
surrounding air quality and punishing the violators of
clean air standards. In the exercise of their criminal
jurisdiction, ETs are vested with the same power as
Courts of Sessions under the Code of Criminal
Procedure Act (1898), including powers to arrest,
warrant, and bail. In the exercise of its appellate
jurisdiction against the orders of the Pak-EPA or
provincial EPAs, the ET has the same power as that of
an appellate court in the Code of Civil Procedure,
(1908).30 Appeals from the tribunal are forwarded to the
Division Bench of the High Court.31

Under these provincial acts, the respective High Court

So, contrary to the alarmingly high incidence of air
pollution, Pakistan has an established framework
guaranteeing the right to clean air. Against the
background, following section examines the drivers
responsible for the poor oversight and implementation
of air quality standards in the country.
IV. INSTITUTIONAL SETUP FOR REGULATING
AIR QUALITY: WEAKNESSES AND
LIMITATIONS
may empower judicial magistrate of the first class to be
environmental magistrates for a range of offenses listed
in PEPA.32 Appeals from the order of the environmental
magistrate are forwarded to the “Court of Sessions”.33
The EMs of each province has exclusive powers to
implement sections related to “Handling of Hazardous
Substances”34 and “Regulation of Motor Vehicle”.35 In
addition to ETs and EMs, in the year 2012, the Chief
Justice of Pakistan also established Green Benches at all
the High Courts and the Supreme Court of Pakistan,
becoming functional in 2013.

Pakistan has a comprehensive regulatory and judicial Regardless of the stated legislation to ensure clean air
institutional framework, where environment protection quality and powers vested in the separate institutional

21 Balochistan Act Section 8, Section 5 and 6 of Punjab Act, KP Act and Sindh Act.
22 Section 8 of Balochistan Act
23 Also adopted by the four Provincial Environmental Protection Acts
24 Sections 20–22 of PEPA, the Punjab Act, sections 28–31 of the Balochistan Act, Sindh Act section 25-27, section 21-24 of the KP Act
25Section 24 of PEPA KP, the Punjab Act, sections 32–33 of the Balochistan Act and section 29 of the Sindh Act.
26 Sections 20–22 of PEPA, the Punjab Act, sections 28–31 of the Balochistan Act, Sindh Act section 25-27, section 21-24 of the KP Act
27Section 24 of PEPA KP, the Punjab Act, sections 32–33 of the Balochistan Act and section 29 of the Sindh Act.
28 6 (1) (a) of Punjab, Balochistan and, Sindh Act ,6 (1) (i) of KP Act
29 6 (1) (f) of Punjab Balochistan Sindh Act and section 6(1) (vi) of KP Act
30 Section 21(5) Punjab Act, section 29(5) of Balochistan Act, section 22(5) of KP Act, section 26(5) of Sindh Act.
31Section 23 of Punjab Act, section 31 of Balochistan Act, section 24 of KP Act, section 28 of Sindh Act
32 Section 24 of Punjab Act, section 32 of Balochistan Act, section 25 of KP Act, section 29 of Sindh Act
33 Section 25 of Punjab Act, section 33 of Balochistan Act, section 30 of Sindh Act, section 26 of KP Act
34 Requirement of obtaining license for handling of hazardous substances.
35In practice they had not acted upon this responsibility yet due to lack of training and understanding of this law.

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bodies to penalize contraveners, the implementation of
environmental legislation in the country is very weak.
Problems include:
Weak Oversight: Presence of a separate, autonomous
and vigilant regime is very important for implementing
environmental obligations as envisaged by law. Like
many countries across the globe, EPAs in Pakistan lie at
the frontline of environmental policing with the primary
duties of implementing the provisions of environment
protection acts 36 and ensuring enforcement of the
provincial environmental standards. 37 Nonetheless, at
the root of the problem of poor air quality management
lays the underperformance of these agencies.
EPAs enjoy discretionary powers for carrying out their
major function like undertaking inquiries and
investigations into environmental issues on their own or
upon complaint from a third-party. 38 The non-binding
functions and escape hatches under provincial acts have
given a freehand to the agencies, resulting in
substantially weak compliance accompanied by absence
of accountability.
The vertical hierarchal administrative structure of EPAs
is another problematic area where all powers are
concentrated in a single person, i.e. the Director General
(of each agency). The DG appointed by relevant central
or provincial governments is authorized with all powers
of the agency. Delegating any powers to the other
members have been left at the discretion of the DG. In
the absence of any qualification criterion for the DG, the
performance of entire EPA depends on the competence
and efficiency of a single person.39
Currently, both the center as well as each of the four
provinces have single EPA except Balochistan which
also created these agencies at the district level. The
administration and surveillance of huge geographies by
a single EPA leaves many areas completely abandoned
from the surveillance.
Finally, budgetary constraints and lack of resources lie
at the root the ineffective performance of these agencies.
Not only the provincial governments lack an
independent and predetermined budget allocation for
these agencies but also the penalties and fees levied by
these agencies are sent to the respective national (in case
of central EPA) and provincial exchequers.
Inconsistent Functioning of ETs: ETs were established
under Section 20 of the PEPA 1997, for taking
cognizance of environmental matters and exercising its
exclusive jurisdiction over the implementation of air
standards. An ET consists of three members: A chair
qualified to be a judge of the High Court, 40 and two
members appointed by the Federal Government, out of
which at least one has to be a technical member.41 The
term of the members of ET is 3 years.42
However, as promulgated by the PEPA, the ETs were
not established until the direction of Supreme Court
(SC) of Pakistan in 1999. In the immediate outcome of
the direction, 2 part-time tribunals were established
initially – one in Lahore43 and the other in Karachi. 44
subsequently, separate tribunals for KP and Balochistan
were also established.45
As for every assembly of the tribunal, the presence of
the chair and one member is mandatory, (except for the
case of KP tribunal). 46 After devolution, ETs remained
non-functional as the appointments of its members could
not be made for quite some time. The Punjab ET
remained without chair for nearly a year,47 whereas the

36 6 (1) (a) of Punjab Act, Balochistan Act and, Sindh Act ,6 (1) (i) of KP Act
37 6 (1) (f) of Punjab Act, Balochistan Act, Sindh Act and section 6(1) (vi) of KP Act
38 Section 6 (2a) of Balochistan Act, Punjab Act, Sindh Act and section 6(2) (i) of KP Act
39Section 5(5) of Balochistan Act, Punjab Act, Sindh Act and KP Act https://www.adb.org/sites/default/files/publication/31140/environmental-

law-jurisprudence-pakistan.pdf
40 After consultation with the chief justice of the High Court
41 with suitable professional qualifications and experience in the environmental field to be prescribed through rules and regulations), Section

20(2) of PEPA and Punjab Act., section 28(2) of Balochistan Act, section 25(2) of Sindh Act, section 21(2) of KP Act.
42It may be extended for another 2 years by the federal government.
43 with the territorial jurisdiction of the Provinces of Punjab, North-West Frontier Province (now Khyber Pakhtunkhwa or KPK), and Islamabad

Capital Territory
44 with the territorial jurisdiction of the provinces of Sindh and Balochistan
45 Irum Ahsan and Saima Amin Khawaja, Development of Environmental Laws and Jurisprudence in Pakistan, The Asian Development

Bank,2013.
46 Section 20(3) Punjab Act, section 21 (4) of KP Act, section 28(2) of Balochistan Act, section 25(3) of Sindh Act
47 from July 2011 until mid-2012, A total of 1,230 pending cases in 2012

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Sindh ET remained without a chair and technical ET and EM are ambiguous and overlapping. (Fig.5
member till 2015. 48 Balochistan ET too remained shows overlapping jurisdiction of ET and EM in the case
without a chair since 2010 and later on had to make of Punjab).
changes in its rules by allowing a legal member to be
appointed as a chair for meeting the requirements of Figure 5 Overlapping Jurisdiction of EM and ET
law,49 finally becoming operational in 2016.50 Even the
ET at the center remained inoperative till 2013,
resuming work only in 2014.51 ETs across the country
remained obviously inconsistent in being functional and
the fate of hundreds of cases pertaining to pollution
hanged in balance. In 2018 alone, 150 environmental
pollution cases remained pending in Sindh ET.52

Additionally, the provincial governments are authorized

to establish as many environmental tribunals as it
considers necessary while specifying their territorial
limits or the class of cases to be heard.53 Unfortunately,
however, provinces have single ET in their provincial
capitals making accessibility for general public really
difficult. No efforts have been noticed to address the
problems underlying inefficient performance of ETs.
Parallel Lines of Accountability and Overlapping
Jurisdictions: The provisions on jurisdiction of ET and
EM in certain cases overlap and therefore cause
confusion and inconvenience for public filers. 54 For
instance, ET under Punjab Act has the power to try all
the contraventions punishable under section 21(2),
whereas EM is authorized to try contraventions under
section 24(1) of the Act. 55 Simultaneously, however,
section 21(3) of the same Act makes offences lying
within jurisdiction of EM punishable by ET upon
complaint (either by environmental agency, aggrieved
person, local agency or council). Furthermore, section
17 provides power to EM for hearing cases of
contravention which were originally under the
jurisdiction of ET.56 Hence, the responsibilities of both
Also, sections dealing with composition of EMs in
provincial acts neither explain whether they are part of
tribunal mechanism or mainstream judiciary nor
mention details on their sitting.57 A dire need exists for
clear distinction between the powers of magistrate and
tribunal on the basis of typology of offences for making
it more comprehensible and easy to implement. Along
overlapping jurisdictions, the mechanism of separate
appellate forms for ET and EM has created further
ambiguity. The appeal against the decision of EM is sent
to the Court of Sessions instead of specialized
environment courts i.e ET, hence putting EM under a
separate hierarchy. 58 Further to this, Green Benches
were another addition to this judicial forum for the
disposal of environmental case. All these parallel
judicial institutions trying contraventions of these

48Tanoli, Ishaq. "Provincial Environmental Tribunal Set up." DAWN.COM. March 11, 2015.
49Fisher, ThomasFischer, Thomas B. "Environmental impact assessment handbook for Pakistan." IUCN Pakistan, Islamabad (2014).
50Pakistan. Ministry of Law. Environmental Protection Tribunals.

http://www.molaw.gov.pk/molaw/userfiles1/file/ENVIRONMENTAL%20PROTECTION%20TRIBUNAL.pdf
51 "Environmental Tribunal Becomes Operational after 20 Months -Pakistan Press Foundation (PPF)." Pakistan Press Foundation.

https://www.pakistanpressfoundation.org/environmental-tribunal-becomes-operational-20-months/.
52 Sahoutara, Naeem. "Sindh's Lone Environmental Tribunal Non-functional for Two Months." DAWN.COM. May 24, 2018.
53 Section 20 (1), PEPA Act 1997, Punjab Act, KP Act, Sindh Act section 25(1).

However in Balochistan Act such words have not been used.

54 Pastakia, Firuza. Environment Protection and the 18th Amendment. Report. 2012.
http://cmsdata.iucn.org/downloads/pk_niap_impact_of_18th_amd___final_draft__19_may_2012__formatted.pdf p.25
55 As penalties cited in section 17(1) and 17(2), respectively.
56 Section 17 (1), Punjab Act.
57 Section 24 of PEPA, KP, and Punjab Act, sections 32–33 of the Balochistan Act and section 29 of the Sindh Act.
58 Pastakia, Firuza. Environment Protection and the 18th Amendment. Report. 2012.
http://cmsdata.iucn.org/downloads/pk_niap_impact_of_18th_amd___final_draft__19_may_2012__formatted.pdf p.26

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respective acts has only culminated into overlapping of
jurisdiction resulting in confusion and lack of defined
accountability by single entity.
Limited and Sporadic Data Collection: Pakistan is one
of the few countries facing serious paucity of data on
ambient quality of air. Not only the monitoring stations
have been installed in merely a few major cities, but also
the federal and provincial environment protection
agencies which are responsible for collecting and
monitoring data on air pollution have not collected any
regular data in the stated stations since 2014. The
monitoring stations installed with assistance of Japanese
International Cooperation Agency (JICA) remained
inoperative due to technical issues and budgetary
constraints. 59 Even in the case of few cities where
monitoring stations were working, the reliability of data
provided was reported to be poor. 60 Hence, in the
absence of regular and authentic data collection on air
quality, taking any systematic efforts for ensuring
compliance of air standards is very unlikely.
Lack of Awareness: Poor air quality management in
Pakistan is also an outcome of lack of awareness and
knowledge among people on the colossal cost of
violation of their basic right i.e. right to clean air and
quality life. For disseminating awareness on the nature
of the problem, the EPA of each province was made
responsible to prepare and publish “Annual
Environmental Reports” aimed at disseminating
information on the level of pollutions as well as actions
taken for their abatement. However, EPAs have
consistently failed to publish these reports. This explains
the low participation of public in the litigation cases in
ET. 61 Also the lack of awareness on environmental
issues has failed to mainstream these problems of
national urgency in the national policies.
V. CONCLUSION
Clean air is a fundamental public commodity and central
to a healthy life. Given its enormous significance, the
right to clean air has been acknowledged and given
adequate legal protection. However, the policy
59Sanchez-Triana, Ernesto, Santiago Enriquez, Javaid Afzal, Akiko Nakagawa, and Asif Shuja Khan. Cleaning Pakistan's Air: Policy Options
to Address the Cost of Outdoor Air Pollution. The World Bank, 2014.
60 "EPA Fails to Update Air Quality Monitoring Stations Ahead of Smog Season." Pakistan Today. Accessed January 30, 2019.
https://www.pakistantoday.com.pk/2018/10/02/epa-fails-to-update-air-quality-monitoring-stations-ahead-of-smog-season/.
61Sial, Sardar Aasif, Syed Mujtaba Abbas Zaidi, and Suniya Taimour. "Review of Existing Environmental Laws and Regulations in Pakistan."
(2018).
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directives have limited practical application owing to
significant implementation gaps. The legal and
regulatory landscape is facing an array of barriers. The
absence of clear and defined responsibilities for
monitoring air quality is one of the underlying causes of
inefficient performance of EPAs. No regular data is
collected on ambient air quality by the air monitoring
networks. Additionally, the environment tribunals
across the country have remained inconsistently
functional because of their delayed establishment and
unsmooth operations. Also, the environmental laws of
the country have been largely remedial in nature rather
than punitive as penalties for 1st offenders are quite mild
often end up with mere warnings.
Hence, ambiguities in law, complex regulatory regime,
inadequate and irregular monitoring of data, weak
oversight and regulatory compliance, limited
accessibility to ETs, and budgetary constraints facing
the protection agencies, have collectively resulted in
minimal efforts for addressing the problem. All these
problems are inter-linked in nature and have
simultaneously aggravated the problem. The revealed
evidence also reflects the government’s insensitivity
toward the status of poor quality air in the country.
The allocation of discretionary powers implementing
the provisions of the environmental protection acts and
undertaking investigation into environmental issues in
an area where serious public stakes are involved, have
already exacted upon Pakistan a very heavy cost. For
strengthening air quality management, the discretionary
powers of enforcing air standards (by EPAs) need to be
revised. Also, instead of having a parallel apparatus of
legal accountability, powers shall be vested in a defined
specific organization (whether ET, EM or Green
Benches), and all energies shall be invested for efficient
and smooth functioning of the established specific
authority. A strong need also exists for not only ensuring
smooth operation of the ETs but also expanding their
numbers, so as to make them easily accessible for
litigation by public. Public litigation can push the courts
to implement the standards set in law, leading to the
development of a substantive right to a safe and healthy
environment.
Finally, in the face of data constraints, taking any
concrete steps for enforcing standards is next to
impossible, for what can’t be measured can’t be
regulated. It is very important to install air monitoring
stations across the country and regularly publish the data
on ambient quality of air regularly.
The burden of disease resulting from air pollution in the
country is substantial. Against the backdrop, there is no
time for further complacency. If air pollution abatement
is to become a reality, then provincial and federal
governments should together chart out an urgent plan for
remedying the problem and addressing the prevailing
institutional weaknesses in the regulatory regime.

Prepared by:
Maryam Umer Khayam
Research Trainee
Naila Saleh
Junior Research Officer
Institute of Policy Studies (IPS), Islamabad.

For queries:
Syed Nadeem Farhat
Senior Research Officer
nadeem@ips.net.pk | www.ips.org.pk

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