Vehicular pollution in sikkim: a legal analysis of regulatory frameworks, judicial trends, and policy gaps

This paper presents a legal analysis of vehicular pollution in Sikkim, examining the adequacy of regulatory frameworks, judicial trends, and underlying policy gaps within the context of the Himalayan state's ecological fragility. Sikkim, despite its reputation as an environmentally conscious region, faces escalating air quality threats primarily driven by a surge in tourism-related and private vehicle use, particularly fossil-fuel-based transport. The study first evaluates the efficacy and enforcement of national laws (Motor Vehicles Act, 1988; Environment Protection Act, 1986; Air Act, 1981) and state-specific policies (EV Policy, old vehicle restrictions) in Sikkim. It highlights the unique geographic and infrastructural challenges in the hill region that complicate enforcement of Pollution under Control (PUC) norms and limit the adoption of electric vehicles (EVs). Second, the paper analyses judicial jurisprudence, drawing parallels from landmark Supreme Court judgments like MC Mehta v. Union of India (1998) and relevant National Green Tribunal (NGT) orders for other hill stations. It argues that while Article 21 (Right to Life) guarantees a clean environment, there is a distinct paucity of judicial pronouncements specifically tailored to the ecological vulnerabilities of Sikkim. Third, the analysis identifies crucial policy gaps, including inadequate monitoring infrastructure, weak inter-agency coordination, and an unsustainable dependence on diesel-based tourism transport. Ultimately, the paper proposes a set of context-specific reforms, advocating for stronger state-specific legislation, establishing robust real-time monitoring systems, prioritizing the electrification of public and tourism transport, and calling for judicial pro-activeness to enforce emission controls. The findings underscore the need for Sikkim to move beyond symbolic green initiatives towards a legally mandated, well-enforced, and sustainable transport policy that harmonizes economic development, constitutional mandates, and environmental preservation in the vulnerable Eastern Himalayas.