Author: Shweta Tiwari, (LLB 3Years) student of Dr. DY Patil College of Law
In recent decades, environmental degradation has emerged as one of the most pressing challenges globally, and India is no exception. Rapid industrialisation, urbanisation, and population growth have put enormous pressure on the country’s natural resources, leading to significant environmental challenges. In this context, litigation has played a crucial role in protecting the environment in India. Through legal interventions, public interest litigations (PILs), and the active involvement of the judiciary, environmental litigation has become a powerful tool for safeguarding the environment and ensuring sustainable development. This article explores the role of litigation in protecting the environment in India, highlighting key cases, legal frameworks, and the broader impact of judicial activism.
Introduction to Environmental Litigation in India
Environmental litigation in India has a unique and evolving history. The concept of environmental protection, while not explicitly stated in the Constitution of India, has been read into various provisions by the judiciary, particularly Article 21, which guarantees the right to life. The courts have interpreted the right to life as encompassing the right to a clean and healthy environment. This judicial interpretation has paved the way for numerous litigations aimed at protecting the environment.
Public interest litigation (PIL) has been a significant vehicle for environmental protection in India. Unlike traditional litigation, where the affected party initiates legal proceedings, PIL allows any individual or organization to file a lawsuit on behalf of those who are unable to do so themselves. This mechanism has enabled citizens, environmental activists, and non-governmental organisations (NGOs) to bring environmental issues to the forefront of judicial scrutiny.
Key Environmental Litigation Cases in India
Over the years, several landmark cases have shaped the landscape of environmental litigation in India. These cases have not only led to the protection of specific environmental resources but have also established important legal principles that continue to guide environmental jurisprudence.
M.C. Mehta v. Union of India (Ganga Pollution Case)
One of the earliest and most significant environmental litigations in India is the Ganga Pollution Case, initiated by environmental lawyer M.C. Mehta in 1985. The case highlighted the severe pollution of the Ganga River, caused by industrial effluents and untreated sewage. The Supreme Court of India, recognizing the importance of the Ganga as a lifeline for millions of people, directed the closure of several polluting industries and mandated the establishment of sewage treatment plants along the river. This case set a precedent for the judiciary’s proactive role in addressing environmental issues.
Vellore Citizens’ Welfare Forum v. Union of India
In this 1996 case, the Supreme Court addressed the issue of pollution caused by tanneries in the Vellore district of Tamil Nadu. The court recognized the right to a clean environment as a fundamental right and introduced the “precautionary principle” and the “polluter pays principle” into Indian environmental law. These principles have since become integral to environmental litigation in India, ensuring that preventive measures are taken to protect the environment and that polluters bear the cost of environmental damage.
The Bhopal Gas Tragedy Case
The Bhopal Gas Tragedy of 1984, one of the world’s worst industrial disasters, led to extensive litigation both in India and abroad. The release of toxic gas from the Union Carbide plant in Bhopal resulted in thousands of deaths and long-term health effects for the local population. The litigation that followed highlighted the need for stringent environmental regulations and accountability of multinational corporations operating in India. Although the legal battle for compensation and justice for the victims continues, the case underscored the importance of corporate responsibility in environmental protection.
Godavarman Thirumulpad v. Union of India (Forest Conservation Case)
This ongoing case, commonly known as the Forest Conservation Case, began in 1995 when T.N. Godavarman Thirumulpad filed a PIL in the Supreme Court to address the rampant deforestation and encroachment of forest land across India. The court’s intervention led to the creation of the Central Empowered Committee (CEC) to monitor forest conservation efforts. The case has had a profound impact on forest management in India, leading to the protection of vast tracts of forest land and the establishment of guidelines for sustainable forest management.
Aravalli Golf Club v. Chander Hass
In this 2008 case, the Supreme Court dealt with the issue of illegal mining in the Aravalli Hills, a crucial ecological region in Haryana and Rajasthan. The court ordered the closure of illegal mining operations and emphasized the need to protect the Aravalli range, which plays a vital role in maintaining ecological balance in the region. The case highlighted the judiciary’s commitment to preserving fragile ecosystems from the threats of unregulated industrial activities.
Legal Framework for Environmental Protection in India
India’s legal framework for environmental protection is comprehensive and multi-faceted. Several laws and regulations have been enacted to address various aspects of environmental conservation. Litigation often revolves around the interpretation and enforcement of these laws.
The Environment (Protection) Act is a key piece of legislation that provides the central government with broad powers to regulate and control environmental pollution. The act was enacted in response to the Bhopal Gas Tragedy and aims to provide a framework for the protection and improvement of the environment. It empowers the government to set standards for emissions and effluents, regulate industrial activities, and take action against polluters. As mentioned in the Environment (Protection) Act, 1986.
The Air Act seeks to prevent, control, and abate air pollution in India. It establishes the Central Pollution Control Board (CPCB) and State Pollution Control Boards (SPCBs) to implement and enforce air quality standards. Litigation related to air pollution often involves the interpretation of this act and the accountability of industries and government agencies in maintaining air quality. These are mentioned in The Air (Prevention and Control of Pollution) Act, 1981.
Similar to the Air Act, the Water Act focuses on preventing and controlling water pollution. It provides for the establishment of pollution control boards at the central and state levels to oversee the implementation of water quality standards. Litigation under this act typically addresses issues such as the discharge of untreated industrial effluents into water bodies and the contamination of drinking water sources – The Water (Prevention and Control of Pollution) Act, 1974.
The Wildlife Protection Act is aimed at safeguarding India’s rich biodiversity by prohibiting the hunting and trade of endangered species and protecting wildlife habitats. Litigation under this act often involves cases of illegal poaching, encroachment on wildlife sanctuaries, and the conservation of endangered species – The Wildlife (Protection) Act, 1972.
The National Green Tribunal (NGT) was established under this act to provide a specialised forum for the expeditious disposal of environmental cases. The tribunal has played a crucial role in enforcing environmental laws and has been instrumental in addressing issues such as pollution, deforestation, and waste management is mentioned in the National Green Tribunal Act, 2010.
Judicial Activism and Environmental Protection
Judicial activism has been a defining feature of environmental litigation in India. The judiciary, particularly the Supreme Court and the High Courts, has taken a proactive stance in addressing environmental issues, often stepping in where executive action has been inadequate. Through PILs and suo motu actions, the courts have expanded the scope of environmental protection and established several important legal principles.
The Public Trust Doctrine
The Public Trust Doctrine, as recognised by the Indian judiciary, holds that certain natural resources, such as air, water, and forests, are held in trust by the government for the benefit of the public. This doctrine has been invoked in several environmental cases to prevent the privatization or exploitation of these resources. The courts have consistently ruled that the government has a duty to protect and preserve these resources for future generations.
The Precautionary Principle
The Precautionary Principle, as established in Indian environmental law, mandates that preventive measures be taken to avoid environmental harm, even in the absence of scientific certainty. This principle shifts the burden of proof to the polluter, requiring them to demonstrate that their activities will not cause environmental damage. The Supreme Court has applied this principle in numerous cases, ensuring that development projects are subjected to rigorous environmental scrutiny.
The Polluter Pays Principle
The Polluter Pays Principle is another cornerstone of environmental litigation in India. It requires that those responsible for causing environmental harm bear the cost of remediation and compensation. This principle has been applied in cases involving industrial pollution, deforestation, and other environmental damage, ensuring that polluters are held accountable for their actions.
Impact of Environmental Litigation
Environmental litigation in India has had a profound impact on both environmental protection and the development of environmental law. The judiciary’s proactive approach has led to significant improvements in air and water quality, forest conservation, and the protection of endangered species. Litigation has also empowered citizens and NGOs to take an active role in environmental governance, holding both the government and private entities accountable for their actions.
Moreover, environmental litigation has contributed to the evolution of environmental law in India. The principles established by the judiciary, such as the Public Trust Doctrine and the Precautionary Principle, have become integral to environmental governance and are now widely recognized in international environmental law.
However, challenges remain. Despite the successes of environmental litigation, enforcement of court orders and environmental regulations remains a significant issue. Industries often flout environmental laws, and government agencies may lack the resources or political will to enforce them effectively. Additionally, the increasing number of environmental cases has put pressure on the judiciary, leading to delays in the resolution of cases.
Conclusion
Environmental litigation in India has played a vital role in protecting the country’s natural resources and ensuring sustainable development. Through the active involvement of the judiciary, legal interventions have addressed critical environmental issues and established important legal principles. While challenges remain, the continued use of litigation as a tool.
FAQs on Environmental Litigation in India
What is environmental litigation?
Environmental litigation refers to the legal process in which courts address disputes related to environmental issues. It involves cases where individuals, organisations, or the government take legal action to protect the environment, enforce environmental laws, or seek redress for environmental damage.
How has litigation contributed to environmental protection in India?
Litigation has played a significant role in environmental protection in India by enabling the enforcement of environmental laws, holding polluters accountable, and establishing important legal principles such as the Precautionary Principle and the Polluter Pays Principle. It has also empowered citizens and NGOs to take action through public interest litigations (PILs).
What is a Public Interest Litigation (PIL) in the context of environmental protection?
A Public Interest Litigation (PIL) allows individuals or organizations to file lawsuits on behalf of those who are unable to do so, particularly in matters of public concern such as environmental protection. PILs have been instrumental in bringing environmental issues to the attention of the judiciary and ensuring legal interventions in cases of environmental degradation.
What are some landmark environmental litigation cases in India?
Some landmark environmental litigation cases in India include:
M.C. Mehta v. Union of India (Ganga Pollution Case)
Vellore Citizens’ Welfare Forum v. Union of India
The Bhopal Gas Tragedy Case
Godavarman Thirumulpad v. Union of India (Forest Conservation Case)
Aravalli Golf Club v. Chander Hass (Aravalli Mining Case)
What legal principles have been established through environmental litigation in India?
Key legal principles established through environmental litigation in India include:
Public Trust Doctrine: Certain natural resources are held in trust by the government for the benefit of the public.
Precautionary Principle: Preventive measures should be taken to avoid environmental harm, even in the absence of scientific certainty.
Polluter Pays Principle: Those responsible for causing environmental harm must bear the cost of remediation and compensation.
What role does the National Green Tribunal (NGT) play in environmental litigation?
The National Green Tribunal (NGT) is a specialized judicial body established under the NGT Act of 2010 to handle environmental cases. It provides a forum for the expeditious disposal of environmental disputes, ensuring the enforcement of environmental laws and the protection of natural resources.
