Author: Tanya Giri, Amity University Lucknow Uttar Pradesh
ABSTRACT
In India, public interest litigation, or PIL, has been essential to the preservation of the environment. PILs, which date back to the late 1970s, enable people or organisations to bring legal action on behalf of those whose rights are being infringed even if they are not directly impacted. Citizens, NGOs, and activists now have the ability to request court action in environmental concerns thanks to this legislative mechanism. Famous cases like the Oleum Gas Leak and the Ganga Pollution lawsuits show how aggressively the judiciary enforces environmental rules and regulations. The courts have ordered the cleaning up of contaminated waterways, the tighter control of industrial pollutants, and the preservation of forests and animals through PILs. In addition to fostering sustainable development and safeguarding the right to a healthy environment, which is guaranteed by Article 21 of the Indian Constitution, this judicial activism has been crucial in keeping both public and private enterprises responsible.
Keywords: Public Interest Litigation(PIL), Environment, Judiciary, Article 21, Constitution.
INTRODUCTION
India is becoming more concerned about environmental deterioration, which has an impact on biodiversity, public health, and general quality of life. Strong legislative frameworks and engaged public engagement are necessary to address these issues. In order to safeguard and maintain the environment, public interest litigation, or PIL, has emerged as a vital instrument that allows individuals to participate directly in the judicial system. Legal proceedings brought before a court of law with the goal of defending the public interest are known as public interest litigation, or PILs. PILs enable people or organisations to bring legal action on behalf of people whose rights are being violated, in contrast to traditional litigation, which requires the party who is being wronged to have a direct stake in the outcome. This mechanism attempts to solve issues with a wider societal impact and to make justice more accessible.
Numerous environmental problems affect India, such as deforestation, loss of biodiversity, air and water pollution, and climate change. Significant rivers like the Ganges and Yamuna are severely contaminated, and air pollution in cities is a serious problem. These issues are made worse by industrialization, urbanization, and the loose enforcement of environmental laws, which endangers both the environment and public health. Legal frameworks are essential for tackling environmental issues because they establish guidelines, control actions, and guarantee adherence. The legal basis for environmental protection in India is provided by a number of statutes, including the Environmental Protection Act (1986), the Water (Prevention and Control of Pollution) Act (1974), and the Air (Prevention and Control of Pollution) Act (1981). However, the judiciary’s active participation and the laws’ execution are frequently what determine how successful they are.
In India, public interest litigation has become a potent tool for protecting the environment. PILs have made major environmental changes and the implementation of current laws possible by enabling concerned people, non-governmental organisations, and campaigners to request court involvement. The judiciary has taken the lead in addressing environmental challenges, holding both public and private institutions accountable, and supporting sustainable development practices via significant rulings and directives. As a result, PIL has developed into a crucial tool for upholding environmental justice and the environment’s right to be protected.
HISTORICAL BACKGROUND OF PIL IN INDIA
Public Interest Litigation (PIL) in India originated in the late 1970s, influenced by the socio-economic and political conditions of the time. The concept was introduced as a means to provide justice to marginalized and disadvantaged sections of society who lacked the resources to approach the courts. Justice P.N. Bhagwati and Justice V.R. Krishna Iyer played pivotal roles in shaping PIL, transforming the Indian judiciary into an active participant in promoting social justice.
The evolution of PIL marked a significant shift from the traditional view of locus standi, where only those directly affected by an issue could file a case. PIL broadened this scope, allowing any public-spirited individual or organization to file a petition on behalf of those who could not represent themselves.
LEGAL FRAMEWORK FOR ENVIRONMENTAL PROTECTION IN INDIA
The Indian Constitution, although originally silent on environmental issues, has been progressively interpreted to include environmental protection as a fundamental duty and right. Key provisions include:
Article 21: Guarantees the right to life and personal liberty, which has been interpreted by the judiciary to include the right to a clean and healthy environment.
Article 48A: Part of the Directive Principles of State Policy, it mandates the state to endeavor to protect and improve the environment and safeguard forests and wildlife.
Article 51A(g): Imposes a fundamental duty on every citizen to protect and improve the natural environment, including forests, lakes, rivers, and wildlife.
India’s legal framework for environmental protection is comprehensive, encompassing several key laws and regulations. The Environment (Protection) Act, 1986, serves as an umbrella legislation, granting the central government extensive powers to regulate environmental pollution and protect the environment. The Air (Prevention and Control of Pollution) Act, 1981, aims to combat air pollution through the establishment of Central and State Pollution Control Boards, which monitor and enforce air quality standards. Similarly, the Water (Prevention and Control of Pollution) Act, 1974, focuses on preventing water pollution by regulating the discharge of pollutants into water bodies and establishing respective pollution control boards. These laws, among others, form the backbone of India’s environmental protection efforts, providing the necessary legal mechanisms to address and mitigate environmental issues.
ROLE OF THE JUDICIARY IN INTERPRETING AND ENFORCING THESE LAWS
With several significant rulings and orders, the Indian court has been instrumental in interpreting and upholding environmental laws:
Expansive Interpretation of Article 21: According to the Supreme Court, the right to a healthy environment is encompassed within the right to life as guaranteed by Article 21. Numerous environmental rulings have been based on this concept.
Judicial Activism: Through Public Interest Litigation (PIL), the judiciary has taken the initiative to address environmental challenges. Government agencies and businesses have been ordered by courts to follow environmental regulations and implement corrective action.
LANDMARK CASES
M.C. Mehta v. Union of India (1986): The Supreme Court introduced the principle of absolute liability for industries engaged in hazardous activities, ensuring strict accountability for environmental harm.
Vellore Citizens Welfare Forum v. Union of India (1996): The “polluter pays principle” and the “precautionary principle” were acknowledged by the Supreme Court as crucial components of sustainable development.
T.N. Godavarman Thirumulpad v. Union of India (1996): The Supreme Court issued comprehensive directives for the protection of forests, leading to the establishment of monitoring mechanisms for forest conservation.
Through these and other judgments, the judiciary has significantly contributed to strengthening the legal framework for environmental protection in India, ensuring the enforcement of laws, and promoting sustainable development.
BROADER IMPLICATIONS OF THESE CASES ON POLICY AND PUBLIC AWARENESS
The far-reaching consequences of historic environmental trials in India stretch well beyond the courts, having a substantial impact on public awareness, government, and policy. The legislative and executive branches have frequently strengthened environmental rules and regulations as a result of these court interventions. For example, the “polluter pays” approach and stronger enforcement of pollution control standards were adopted as a result of directions from instances such as the Ganga Pollution case and the Oleum Gas Leak case.
Furthermore, by raising public awareness of environmental concerns, these lawsuits have promoted environmental advocacy and responsibility. The public awareness of these high-profile incidents has inspired NGOs, civil society organisations, and regular people to get more involved in environmental protection. Public awareness of environmental rights and the significance of sustainable practices has also been greatly aided by educational initiatives and media coverage of these court rulings. Additionally, by taking a proactive approach, the court has established a standard for environmental governance and highlighted the need of incorporating environmental factors into development and economic planning. As a result, environmental impact assessments have become increasingly stringent, and industrial projects are being closely examined to make sure they adhere to environmental regulations. All things considered, these seminal judgements have not only improved environmental law but have also helped to create a more aware and involved public, which in turn has promoted a more ecologically sensitive and sustainable society.
FUTURE OF PIL IN ENVIRONMENTAL PROTECTION
Driven by new techniques and developing trends, Public Interest Litigation (PIL) in environmental protection appears to have a bright future in India. Technology and digital platforms, which offer tools for data collecting, real-time monitoring of environmental infractions, and easier access to legal resources, are becoming more and more important in Public Interest Litigation (PIL). These developments enable more thorough evidence collection as well as more effective PIL case filing and tracking. Furthermore, it is imperative to reinforce the legislative structure and the judicial branch, with continuous modifications targeted at accelerating environmental litigation and guaranteeing strict adherence to environmental regulations . Increasing public knowledge and engagement is also a critical endeavor. The impact of PIL may be greatly increased by informing the public about their rights regarding the environment, the value of sustainable behaviors, and the relevance of environmental activism. When taken as a whole, these advancements point to a future in which PIL will remain a potent tool for environmental justice, using strong legal frameworks, technological advancements, and involved citizens to confront and lessen environmental issues.
CONCLUSION
A revolution in legal action, Public Interest Litigation (PIL) has become a pillar of India’s environmental conservation campaigns. PIL has sparked important changes and preserved constitutional guarantees of a clean and healthy environment by empowering individuals, NGOs, and activists to use court intervention to hold government accountable for environmental degradation. Its influence is demonstrated by precedent-setting rulings and recommendations, which highlight its continued applicability in tackling urgent environmental issues including pollution, deforestation, and climate change. PIL continues to have enormous promise in the future. With the support of legal changes and technical improvements, PIL may increase community empowerment in protecting natural resources and advancing sustainable development practices. But to fully realize this potential, cooperation is needed. PIL activities require active engagement and support from stakeholders from all sectors. These stakeholders should advocate for stricter environmental legislation, transparent governance, and more public knowledge and involvement. In this regard, attaining a sustainable future requires a deliberate attempt to fortify PIL’s institutional structure in addition to persistent campaigning and community mobilization. India can keep moving forward in its pursuit of environmental justice and leave a legacy of environmental care for future generations by utilizing the power of PIL.
FAQs
Que1. What is Public Interest Litigation
Ans- A legal process known as Public Interest Litigation (PIL) exists in India that permits individuals or groups to bring legal action on behalf of the public, with the primary goal of defending the rights and interests of underprivileged or marginalized groups. To address issues of public interest, a PIL may be filed by any person or Organisation, even if they are not directly impacted by the problem.
Que2. How does PIL contribute to environmental protection in India?
Ans- PILs have been an essential instrument for protecting the environment in India. It enables people and groups to file legal complaints to seek remedies for their issues related to the environment. The judiciary has been able to uphold environmental laws, punish offenders, and push businesses and the government to take the required steps to save the environment thanks to PILs.
Que3. To file a Public Interest Litigation (PIL) in India, who may do so?
Ans- Even if they are not directly impacted by the issue, any person, group, or Organisation can bring a Public Interest Litigation (PIL) in India for environmental concerns. The purpose of this clause is to enable people to support public purposes, such as environmental preservation.
Que4. Is it possible to file PILs in any Indian court?
Ans- Yes, depending on the circumstances and urgency of the case, PILs may be filed in any High Court or immediately before the Indian Supreme Court. PILs can be heard by high courts and the Supreme Court, which can also issue directions to address environmental problems.
REFERENCES
India Environment Portal https://www.indiaenvironmentportal.org.in/
Supreme Court of India Judgments https://main.sci.gov.in/judgments
Shyam Divan and Armin Rosencranz, Environmental Law and Policy in India: Cases, Materials, and Statutes (Oxford University Press, 2017).
Gitanjali Nain Gill, Public Interest Litigation in Environmental Law: A Comparative Study (Oxford University Press, 2020).
Ministry of Environment, Forest and Climate Change, Government of India, Annual Report on Environment and Forests (Latest edition).
Central Pollution Control Board (CPCB),
Government of India, Status of Environmental Laws in India: Report (Latest edition).