Abstract:
The quality of the ambient air in many areas of the island has proven not
conducive to a healthy environment for the people living in various areas of the is-
land. Toxic emissions have or may have a significant detrimental effect on the envi-
ronment, including health, social conditions, economic conditions, ecological condi-
tions, and cultural heritage. This has an adverse effect on promoting and advancing
the social, economic and cultural advancement of the people. The health impacts as-
sociated with polluted ambient air fall most heavily on the poor, the old, infants, and
women. Pro-contra air pollution carries not only high social, and economic cost but
also environmental cost, which is seldomly borne by the polluter. It is an indisputable
fact that everyone has an inherent right to an environment that is not harmful to their
health or well-being. The present generation also bears the responsibility to protect
and preserve a pollution-free air for future generations. This research aimed to ana-
lyze the existing national legal framework in Sri Lanka in mitigating air pollution.
The research employed the black letter of the law and international and comparative
methodology. The Constitution, National Environment Act, Code of Criminal Proce-
dure Act and Conventions, and decided cases constitute the primary sources whereas
the scholarly articles constitute secondary sources. The research findings emphasize
that despite the fact that there is no express constitutional provision which recognizes
the right to a healthy environment nor right to breathe clean air, the provisions in the
National Environment Act and Code of Criminal Procedure Act adequately deal with
enhancing the ambient quality of air. The research concludes both the state and the
citizens have an equal obligation to preserve the quality of air not only to safeguard
the interest of the present generation but also to preserve the same for the future gen-
eration since there is an inextricable relationship between the quality of air and one’s
health.
