COMPARATIVE ANALYSIS OF THE LEGAL FRAMEWORK AGAINST AIR POLLUTION IN NIGERIA AND INDIA

Abstract

Air is one of the major areas which state is mandated to protect and safeguard under the Nigerian Law. But this natural resource is being distorted and affected by man thereby making it uninhabitable to man and other users of air by pollution. Air pollution can be understood as presence of contaminants in the atmosphere that injure life on earth. Air pollution sources can be grouped as domestic pollution, industrial pollution, and vehicular pollution respectively. This paper is aimed at evaluating the Nigerian and Indian Laws vis-à-vis International Law on Air pollution to seeing how they effectively and efficiently address the consequences of these sources of air pollution on man and other users of air; such as plants, animal life or to property or which unreasonably interfere with the comfortable enjoyment of life and property in Nigeria and India. The researcher adopted doctrinal approach using primary and secondary sources in gathering information for this research. There is no doubt that Nigeria and India have legal framework on Air pollution since after the UN Conference on the Human Environment at Stockholm in 1972. However, in both Constitutions, Act and Judicial decisions, India displayed activism earlier than Nigeria in developing legal framework on Air pollution. We recommended that Nigeria through our legislatures and court to have a robust, active and people oriented Constitution and other Laws that would make and enforce Laws on Air Pollution free for humans and other users of the air in Nigeria environment.