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Kolkata, Howrah air quality crisis flagged as public health emergency in High Court PIL

Petition alleges regulatory failure despite data and health warnings

Jaismita Alexander Published 05.01.26, 03:37 PM

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The worsening pollution crisis in Kolkata and Howrah has now reached the Calcutta High Court. A public interest litigation was filed on Monday seeking urgent judicial intervention, arguing that prolonged exposure to toxic air has turned into a public health emergency and that authorities have failed to act despite clear data and warnings.

Filed by advocate Akash Sharma, the PIL states that the health risks posed by sustained poor air quality are comparable to smoking multiple cigarettes a day, a comparison frequently cited by medical professionals. The petition argues that the issue can no longer be treated as an environmental concern alone and calls for enforceable, time-bound action to safeguard citizens’ fundamental right to clean air.

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“The problem is not lack of data or science, but lack of accountability. Despite clear warnings and representations, air quality worsened through December. Judicial intervention is now necessary to protect citizens’ right to breathe,” Sharma said.

The PIL also takes strong exception to the response of the West Bengal Pollution Control Board to earlier representations. According to the advocate, the Board failed to provide clear answers on enforcement and instead shifted responsibility across departments.

“The WBPCB’s reply is a textbook example of regulatory deflection. Instead of answering why Kolkata’s and Howrah’s air remains unsafe year after year, the Board has circulated hyperlinks and passed the burden to other departments,” Sharma said.

He added that awareness programmes and advisories cannot replace firm regulatory action. “Clean air is not a policy choice or a future aspiration, it is a constitutional mandate. Research and advisories cannot substitute enforceable action, timelines and accountability when citizens are literally gasping for breath,” he said.

The petition seeks court-monitored directions to address major pollution sources across the twin cities. The advocate has also sent representations to the West Bengal Pollution Control Board seeking immediate corrective measures.

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