Author : Urmi Dnyandeo Sawant, Adv. Balasaheb Apte College of Law
Abstract
Public Interest Litigation (PIL) has emerged as a formidable instrument in India’s environmental jurisprudence, offering a unique avenue for citizens and civil society organizations to seek judicial intervention against environmental degradation. This article delves into the foundational principles, legal mechanisms, and landmark judicial pronouncements that underscore PIL’s pivotal role in safeguarding India’s ecological balance and promoting sustainable development. It posits PIL as a proactive “green shield,” enabling the judiciary to enforce environmental norms and hold both state and private actors accountable for their environmental stewardship.
Legal Jargon
Public Interest Litigation (PIL): A legal action initiated in a court of law for the enforcement of public interest or general interest in which the public or a class of the community have some pecuniary interest or some interest by which their legal rights or liabilities are affected. In India, it is primarily a product of judicial activism.
Locus Standi: The right or capacity of a party to bring an action or appear in court. Traditionally, strict locus standi required a direct personal injury. PIL allows any concerned individual or organization to approach the court on behalf of those whose rights have been violated or in support of a public interest cause.
Res Judicata: A Latin term meaning “a matter judged.” It is a doctrine that bars relitigation of a claim or issue that has already been decided by a competent court.
Polluter Pays Principle: A principle of environmental law where the polluter should bear the costs of preventing and controlling pollution and of the damage caused by pollution.
Precautionary Principle: A principle stating that if an action or policy has a suspected risk of causing harm to the public or to the environment, in the absence of scientific consensus that the action or policy is not harmful, the burden of proof that it is not harmful falls on those taking the action.
Sustainable Development: Development that meets the needs of the present without compromising the ability of future generations to meet their own needs. It integrates environmental protection with economic development.
Public Trust Doctrine: A legal principle stating that certain natural resources—such as air, water, forests, and wildlife—are preserved by the government as a trustee for the benefit of the public.
Writ Petition: A formal written order issued by a court, often in the nature of Habeas Corpus, Mandamus, Prohibition, Quo Warranto, or Certiorari, used to enforce fundamental rights or for other specified purposes. PILs are usually submitted as writ petitions under Article 32 of the Constitution in the Supreme Court or under Article 226 in the High Courts.
The Proof
The efficacy of PIL in environmental protection in India is deeply rooted in the expansive interpretation of fundamental rights and directive principles of state policy by the Indian judiciary.
Article 21 (Right to Life and Personal Liberty): The Supreme Court has expansively interpreted Article 21 to include the right to a clean and healthy environment as an integral part of the right to life. This judicial innovation provides the bedrock for environmental PILs, allowing individuals to seek redress for environmental degradation impacting their fundamental right to life.
Article 48A (Protection and Improvement of Environment and Safeguarding of Forests and Wildlife): This Directive Principle of State Policy mandates the State to endeavor to protect and improve the environment and to safeguard the forests and wildlife of the country. While not directly enforceable, it serves as a guiding principle for legislative and executive action and informs judicial interpretation.
Article 51A(g) (Fundamental Duties): This Article imposes a fundamental duty on every citizen of India “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.” This duty reinforces the collective responsibility towards environmental preservation and legitimizes citizen-led environmental actions, including PILs.
The judiciary, particularly the Supreme Court, has actively used its powers under Articles 32 and 226 to entertain PILs, often treating letters or newspaper reports as writ petitions, thereby relaxing the traditional rules of locus standi. This proactive approach has enabled the court to address systemic environmental issues that might otherwise go unaddressed due to lack of individual standing or governmental inaction.
Case Laws
Several landmark judgments have shaped the trajectory of environmental PIL in India:
M.C. Mehta v. Union of India (Ganga Pollution Case, 1987): This seminal case highlighted the Supreme Court’s proactive role in addressing industrial pollution. The Court issued extensive directions for the closure of polluting tanneries along the Ganga river, emphasizing the “polluter pays principle” and the need for industries to treat their effluents. This case firmly established the judiciary’s power to intervene in environmental matters.
Rural Litigation and Entitlement Kendra v. State of U.P. (Dehradun Valley Litigation, 1985): Often considered the first environmental PIL in India, this case involved the closure of limestone quarries in the Mussoorie hills due to their adverse ecological impact. The Supreme Court balanced the need for development with environmental protection, affirming the right to a healthy environment.
Vellore Citizens’ Welfare Forum v. Union of India (1996): This case dealt with severe pollution caused by tanneries in Tamil Nadu. The Supreme Court explicitly applied the “polluter pays principle” and the “precautionary principle” in Indian environmental law, directing the establishment of an authority to implement these principles and levy environmental compensation.
Subhash Kumar v. State of Bihar (1991): The Supreme Court reiterated that the right to life under Article 21 includes the right to the enjoyment of pollution-free water and air. This case established a strong constitutional foundation for environmental protection..
M.C. Mehta v. Kamal Nath (Public Trust Doctrine Case, 1997): This case involved the diversion of a river by a private motel. The Supreme Court applied the “public trust doctrine,” holding that certain natural resources are held by the State as a trustee for the benefit of the public and cannot be converted into private ownership. This judgment underscored the State’s obligation to protect ecological resources.
Conclusion
Public Interest Litigation has undoubtedly acted as a crucial “green shield” for protecting India’s environment. By relaxing procedural rigidities and adopting an activist stance, the Indian judiciary has transformed PIL into a potent tool for environmental governance. It has not only compelled state agencies to fulfill their environmental obligations but also held private entities accountable for their ecological footprint. Through landmark judgments, PIL has expanded the scope of fundamental rights to encompass environmental protection, introduced crucial environmental principles into Indian law, and fostered greater environmental awareness among the populace. While challenges such as potential misuse or judicial overreach exist, the enduring legacy of environmental PIL remains its indispensable contribution to India’s quest for a cleaner, healthier, and more sustainable future.
FAQ’s
1. What is Public Interest Litigation (PIL) in India regarding environmental protection? PIL is a legal action in India that allows citizens and organizations to seek judicial intervention against environmental degradation, acting as a “green shield” to enforce environmental norms and hold actors accountable.
2. How has the Indian judiciary supported environmental PILs?
The Indian judiciary has supported environmental PILs by expansively interpreting fundamental rights like the right to a clean environment under Article 21, and by relaxing traditional rules of locus standi, often treating letters or newspaper reports as writ petitions.
3. What are some key principles that environmental PILs have introduced or reinforced in Indian law?
Environmental PILs have been instrumental in applying principles such as the “polluter pays principle,” the “precautionary principle,” and the “public trust doctrine” in Indian environmental law.
