Role of Indian Judiciary in Addressing Air and Water Pollution
Justice Hima Kohli Judge, High Court of Delhi New Delhi India
1
Slide 2
The waters in the sky, the waters of rivers, and water in the
well whose source is the ocean, may all these sacred waters protect
me. -Rig Veda, Book VII (Hymn 49, Verse 2) 2
Slide 3
3 The Vedas, Upanishads, Puranas and other such ancient
scriptures emphasize the importance of maintaining an ecological
balance. Objects of nature like air, water, trees, etc. have been
worshiped in India and other ancient civilisations.
Slide 4
It is the dharma/duty of each individual to protect the Nature.
The ancient Indian texts, Manusmritis, a compilation of ancient
laws, prescribe different punishments for causing injury to
plants.
Slide 5
Landmark summits and conferences have helped in shaping the
modern environmental legislations of the world. The Stockholm
Conference, 1972, gave a major boost to the promulgation of
environment legislation in India. 5
Slide 6
Legal Framework Legislations 6 Water (Prevention and Control of
Pollution) Act, 1974 Air (Prevention and Control of Pollution) Act,
1981 Environment (Protection) Act, 1986 (EPA) Hazardous Wastes
(Management and Handling) Rules 1989 The National Green Tribunal
Act, 2010
Slide 7
7 Role of Indian Judiciary The Supreme Court and the High
Courts have developed environmental laws in India through careful
judicial thinking. The Courts have incorporated various
international doctrines, combined with a liberal view towards
ensuring social justice and the protection of human rights as a
part of environmental jurisprudence under Article 21 of the
Constitution of India.
Slide 8
Role of Public Interest Litigation Majority of cases before the
court are writ petitions, by individuals acting on a pro bono
basis. PIL is a result of the relaxation of the locus standi rules
while departing from the proof of injury approach. These cases are
concerned with the rights of the community as a whole rather than
an individual. 8
Slide 9
Ratlam Municipal Council vs Vardhichand [AIR 1980 SC 1622] The
Supreme Court had introduced the concept of PIL for the first time
and had stated that a responsible Municipal Council constituted for
the precise purpose of preserving public health, cannot run away
from its principal duty by pleading financial inability. 9
Slide 10
M.C. Mehta vs UOI (Shriram Gas Leak Case) [AIR 1987 SC 1086]
Absolute Liability imposed on industries dealing with hazardous
material. Scope of Article 21 broadened by recognizing the right to
claim compensation to victims of pollution hazards. 10
Slide 11
River Ganga, that rises from the western Himalayas, travels
through the Gangetic plains to empty into the Bay of Bengal, has
the most heavily populated river basin in the world.
Slide 12
M.C. Mehta vs UOI (Ganga Pollution case) [AIR 1988 SC 1037]
Between 1988 to 1996, the Supreme Court had ordered and monitored
shutting down of all the tanneries located along river Ganga that
had failed to set up a primary treatment plant as the waste
generated by them was found to be ten times more noxious than the
domestic sewage waste. 12
Slide 13
Vellore Citizen Welfare Forum vs UOI [AIR 1988 SC 1037] The
untreated effluents of tanneries and industries was being directly
discharged into the main source of water supply to the city of
Vellore. Principle of absolute liability upheld to also cover the
cost of restoring environmental degradation. 13
Slide 14
M.C. Mehta vs UOI (Taj Trapezium Case) [AIR 1997 SC 734]
Supreme Court stepped in to control the damage caused to the Taj
Mahal and other monuments due to the emissions of air pollutants by
the nearby industries. 14
Slide 15
M.C. Mehta vs UOI (Taj Trapezium Case) [AIR 1997 SC 734] A
block of monuments in the shape of a trapezium around the Taj was
identified and the industries were ordered to change the fuel being
used by them else, shift operations outside the trapezium. 15
Slide 16
MC Mehta vs UOI (Delhi CNG Case) PIL on vehicular pollution in
Delhi filed in 1985. The Supreme Court passed a series of orders as
a part of the continuous mandamus procedure. In 1998, due to the
dangerously high level of air toxin, the commercial buses were
directed to change the fuel to CNG. This transition was given
effect to in a phased manner ending in the year 2002. 16
Slide 17
MC Mehta vs UOI (Delhi CNG Case) The judgement had initially
drawn severe criticism from various quarters. Inconvenience was
caused to the general public due to the limited supply of CNG. In
the long run this decision had been instrumental in a drastic drop
of air toxins. Today, all public transport in Delhi has switched to
the use of CNG. 17
Slide 18
Research Foundation for Science Technology and Natural
Resources Policy vs UOI (2007) 8 SCC 583 The Supreme Court denied
access to the French ship Clemenceau to make port at the Alang Ship
breaking yard. Showing concern over the operation of the
Shipbreaking resulting in maritime pollution, the Court asked for
recommendations from a committee of technical experts constituted
by it. 18
Slide 19
Research Foundation for Science Technology and Natural
Resources Policy vs. UOI (2007) 8 SCC 583 Directions were issued to
the Government to enact a legislation on this aspect, and as an
interim measure, the court had laid down a set of guidelines to be
followed in order to mitigate the harm caused to the environment by
this activity. 19
Slide 20
National Green Tribunal (NGT). The NGT was established by the
National Green Tribunal Act, 2010. The NGT called upon state and
the local authorities to perform their duties in curbing air and
water pollution. Recently 34 hotels in a famous Hill-Station in
North India that were found dumping their waste material into the
river Beas were ordered to be shut down by NGT. 20
Slide 21
National Green Tribunal (NGT) As Delhi falls in seismic zone
IV, the NGT has directed demolition of all unauthorized structures
in Delhi erected on the riverbed and the flood plains of River
Yamuna that are likely to cause ecological havoc as they have been
built on a weak foundation of soft alluvial soil. 21
Slide 22
Conclusion Environmental law has evolved at a fast pace
establishing a number of fundamental principles for its better
implementation. Supreme Court of India and the High Courts of the
States have incorporated various international doctrines relating
to environment as part of the environmental jurisprudence in India.
22
Slide 23
Conclusion The concept of PIL has facilitated access to justice
for all classes of the society. The doctrine of public trust has
deep roots in the constitutional commitments. 23
Slide 24
Conclusion The Indian judiciary has proved itself to be a
strategic partner in promoting environmental governance, in
upholding the rule of law and in ensuring a fair balance between
environmental, social and developmental considerations. 24
Slide 25
Thank You Justice Hima Kohli Judge, High Court of Delhi New
Delhi India 25