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AN ARTICLE ON ROLE OF INDIAN JUDICIARY IN PROTECTION OF ENVIRONMENT BY: SUDHA B
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AN
ARTICLE ON ROLE OF INDIAN JUDICIARY IN PROTECTION OF ENVIRONMENT
AUTHORED BY: SUDHA B
Designation:
Assistant Professor Of Law
Institution:
Veltech School Of Law, Avadi, Chennai
ABSTRACT
The Indian judiciary plays a crucial
role in environmental protection through its proactive interpretation and
enforcement of environmental laws. This research paper explores the evolution
of environmental jurisprudence in India, highlighting landmark decisions that
have shaped the country's environmental policies. By analyzing key cases, such
as the MC Mehta cases and the Vellore Citizens Welfare Forum case, this paper
examines how the judiciary has acted as a custodian of environmental rights,
holding governments and industries accountable for their actions. Additionally,
the paper discusses the role of public interest litigation in empowering
citizens to seek redressal for environmental violations. This paper aims to analyze the
contribution of the judiciary in environmental protection by examining legal
principles, and the evolution of environmental jurisprudence in India. It will
explore the proactive approach of the courts in safeguarding natural resources,
promoting sustainable development, and enforcing environmental laws. The paper
will also highlight the impact of public interest litigation (PIL) in
addressing environmental concerns and the role of judicial decisions in shaping
environmental policies. Through a critical review of judicial interventions,
this paper seeks to demonstrate the judiciary's role as a guardian of
environmental justice and its influence on environmental governance in India.
KEYWORD: ENVIRONMENT,
POLLUTION, INDIAN JUDICIARY, PROTECTION, CONSTITUTION.
INTRODUCTION
The role of the Indian judiciary in
the protection of the environment is of paramount importance in the context of
environmental conservation and sustainable development. As one of the pillars
of the Indian democratic framework, the judiciary has consistently demonstrated
a proactive approach in addressing environmental issues and upholding the
principles of environmental justice. Through judicial activism and progressive
interpretations of environmental laws, the Indian courts have played a
significant role in shaping the country's environmental policies and legal
framework.
This research paper aims to delve
into the multifaceted role of the Indian judiciary in environmental protection,
with a particular focus on landmark cases, legal doctrines, and the evolution
of environmental jurisprudence. By examining the judicial interventions aimed
at safeguarding natural resources, preventing environmental degradation, and
promoting sustainable development, this paper seeks to highlight the
judiciary's pivotal role as a guardian of environmental interests.
Furthermore, the paper will explore
the impact of public interest litigation (PIL) as a potent tool for addressing
environmental concerns and compelling governmental action to mitigate
environmental harm. The judiciary's proactive stance in enforcing environmental
laws, holding violators accountable, and ensuring compliance with environmental
regulations will also be a focal point of this analysis. Through a critical
review of the judicial decisions and their repercussions on environmental governance,
this paper aims to underscore the judiciary's catalytic role in environmental
protection and its influence on the broader discourse of environmental law and
policy in India. By charting the trajectory of judicial pronouncements and
their implications for environmental conservation, this research endeavors to
illuminate the profound significance of the Indian judiciary as a vanguard of
environmental preservation and sustainable development.
OBJECTIVE
·
To
know about the judicial remedies for environmental pollution.
·
To
find out remarkable principles and doctrine propounded by the Indian judiciary
and
·
To
study about the constitutional aspects on environmental law.
JUDICIAL
REMEDIES FOR ENVIRONMENT POLLUTION
The role of the Indian judiciary in
the protection of the environment is of paramount importance in the context of
environmental conservation and sustainable development. As one of the pillars
of the Indian democratic framework, the judiciary has consistently demonstrated
a proactive approach in addressing environmental issues and upholding the
principles of environmental justice. Through judicial activism and progressive
interpretations of environmental laws, the Indian courts have played a significant
role in shaping the country's environmental policies and legal framework.
This research paper aims to delve
into the multifaceted role of the Indian judiciary in environmental protection,
with a particular focus on landmark cases, legal doctrines, and the evolution
of environmental jurisprudence. By examining the judicial interventions aimed
at safeguarding natural resources, preventing environmental degradation, and
promoting sustainable development, this paper seeks to highlight the
judiciary's pivotal role as a guardian of environmental interests.
Furthermore, the paper will explore
the impact of public interest litigation (PIL) as a potent tool for addressing
environmental concerns and compelling governmental action to mitigate
environmental harm. The judiciary's proactive stance in enforcing environmental
laws, holding violators accountable, and ensuring compliance with environmental
regulations will also be a focal point of this analysis.
Through a critical review of the
judicial decisions and their repercussions on environmental governance, this
paper aims to underscore the judiciary's catalytic role in environmental
protection and its influence on the broader discourse of environmental law and
policy in India. By charting the trajectory of judicial pronouncements and
their implications for environmental conservation, this research endeavors to
illuminate the profound significance of the Indian judiciary as a vanguard of
environmental preservation and sustainable development.
The
statutory remedies incorporates: Citizen’s suit, e.g.,
·
an activity brought under Section 19 of
the Environmental (Protection) Act, 1986,[1]
·
an activity under area 133, Criminal
Procedure Code, 1973.and
·
and activity brought under the Section
268 for open irritation, under Indian Penal Code,1860[2]
Aside from this, a writ appeal to can
be recorded under Article 32 in the Supreme Court of India or under Article 226
in the High Court.
SOME
REMARKABLE PRINCIPLES AND DOCTRINES PROPOUNDED BY THE INDIAN JUDICIARY:-
DOCTRINE OF ABSOLUTE LIABILITY
The Bhopal case: Association Carbide
Partnership v. Association Of India For this situation, the court held that,
where an undertaking is involved with a characteristically risky or a perilous
action and damage results to anyone by goodness of an incident in the activity
of such hazardous or normally dangerous development coming to fruition, for
example, in escape of toxic gas, the endeavor is entirely and totally committed
to reimburse each one of the people who are impacted by the mishap and such
hazard isn't liable to any exclusions. As needs be, Incomparable Court made
another pattern of Supreme Obligation with no exclusion. [3]
POLLUTER PAYS PRINCIPLE
"In the event that anybody
purposefully ruins the water of another … let him pay harms, as well as cleanse
the stream or reservoir which contains the water… " – Plato
Polluter Pays Guideline has turned
into an extremely well known idea of late. 'In the event that you make a wreck,
it's your obligation to tidy it up '- this is the major premise of this motto.
It ought to be said that in condition law, the 'polluter pays standard' does
not insinuate "blame." Rather, it underpins a therapeutic technique
which is worried about repairing common damage. It's a run in global ecological
law where the dirtying party pays for the mischief or harm done to the
indigenous habitat.
Vellore Citizen welfare Forum vs
Union of India (1996)- The Supreme Court
has proclaimed that the polluter pays guideline is a fundamental element of the
supportable advancement.
PRECAUTIONARY
PRINCIPLE
The Precautionary Principle,
articulated by the judiciary, emphasizes preventive action in the face of
environmental risks and uncertainties. It requires that lack of scientific
certainty should not be used as a reason to postpone measures to prevent environmental
degradation, placing the onus on proponents of potentially harmful activities
to demonstrate their safety.
PUBLIC
TRUST DOCTRINE
The Indian judiciary has invoked the
Public Trust Doctrine, which holds that natural resources such as air, water,
forests, and wildlife are held in trust by the state for the benefit of the
public. This doctrine imposes a duty on the government to protect and preserve
these resources for present and future generations, transcending individual
property rights.
DOCTRINE
OF SUSTAINABLE DEVELOPMENT
The Indian judiciary has underscored
the principle of sustainable development, recognizing the interdependence of
economic progress, social equity, and environmental conservation. Judicial
pronouncements have emphasized the need to balance developmental imperatives
with the preservation of the environment, thereby fostering a holistic approach
to resource management.
THE
CONSTITUTIONAL ASPECTS ON
ENVIRONMENTAL
LAW
ARTICLE 47”
Duty of the State to raise the level of nutrition and the standard of living
and to improve public health The State shall regard the raising of the level of
nutrition and the standard of living of its people and the improvement of
public health as among its primary duties and, in particular, the State shall
endeavor to bring about prohibition of the consumption except for medicinal
purposes of intoxicating drinks and of drugs which are injurious to health.[4]
ARTICLE 48 A
“Protection and improvement of environment and safeguarding of forests and wild
life The State shall endeavour to protect and improve the environment and to
safeguard the forests and wildlife of the country. [5]
ARTICLE 51A (g)
“to protect and improve the natural environment including forests, lakes,
rivers and wildlife, and to have compassion for living creatures[6]
ARTICLE 253
“Legislation for giving effect to international agreements Notwithstanding
anything in the foregoing provisions of this Chapter, Parliament has power to
make any law for the whole or any part of the territory of India for
implementing any treaty, agreement or convention with any other country or
countries or any decision made at any international conference, association or
other body[7]
ARTICLE 246
“ Subject matter of laws made by Parliament and by the Legislatures of
States:(1) Notwithstanding anything in clauses ( 2 ) and ( 3 ), Parliament has
exclusive power to make laws with respect to any of the matters enumerated in
List I in the Seventh Schedule (in this Constitution referred to as the Union
List) (2) Notwithstanding anything in clause ( 3 ), Parliament, and, subject to
clause ( 1 ), the Legislature of any State also, have power to make laws with
respect to any of the matters enumerated in List III in the Seventh Schedule
(in this Constitution referred to as the Concurrent List) (4) Parliament has
power to make laws with respect to any matter for any part of the territory of
India not included (in a State) notwithstanding that such matter is a matter
enumerated in the State List[8]
ARTICLE 32
“Remedies for enforcement of rights conferred by this Part (1) The right to
move the Supreme Court by appropriate proceedings for the enforcement of the
rights conferred by this Part is guaranteed (2) The Supreme Court shall have
power to issue directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever
may be appropriate, for the enforcement of any of the rights conferred by this
Part (3) Without prejudice to the powers conferred on the Supreme Court by
clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause ( 2 ). (4) The right guaranteed
by this article shall not be suspended except as otherwise provided for by this
Constitution.[9]
ARTICLE 226”
Power of High Courts to issue certain writs (1) Notwithstanding anything in
Article 32 every High Court shall have powers, throughout the territories in
relation to which it exercise jurisdiction, to issue to any person or
authority, including in appropriate cases, any Government, within those
territories directions, orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibitions, quo-warranto and certiorari, or any of
them, for the enforcement of any of the rights conferred by Part III and for
any other purpose (2) The power conferred by clause ( 1 ) to issue directions,
orders or writs to any Government, authority or person may also be exercised by
any High Court exercising jurisdiction in relation to the territories within
which the cause of action, wholly or in part, arises for the exercise of such
power, notwithstanding that the seat of such Government or authority or the
residence of such person is not within those territories.[10]
ENVIRONMENTAL
PROTECTION: THE JUDICIAL APPROACH
The judicial approach to
environmental protection in India is characterized by a proactive and
interventionist stance aimed at safeguarding the environment and balancing
developmental imperatives with ecological sustainability. The Indian judiciary
has played a pivotal role in evolving and enforcing environmental norms,
principles, and safeguards through its interpretative role and judicial
pronouncements.
Here are some key aspects of the judicial approach to
environmental protection in India:
1. Expansive Interpretation of
Fundamental Rights: The Indian judiciary has expansively interpreted the right
to a healthy environment as an integral part of the fundamental right to life
under Article 21 of the Constitution. This broad interpretation has led to the
recognition of environmental protection as a constitutional imperative and has
empowered the judiciary to intervene in environmental matters to ensure the
enforcement of environmental laws and regulations.
2. Public Interest Litigations (PILs):
The judiciary has been open to hearing Public Interest Litigations (PILs) filed
by concerned citizens, environmental groups, and activists, thereby providing
access to justice and enabling public participation in environmental
decision-making. PILs have been instrumental in highlighting environmental
violations, demanding accountability from the authorities, and advocating for
environmental justice.
3. Judicial Activism: Indian courts have
displayed a proactive and activist approach in addressing environmental
concerns by issuing directives, mandating compliance with environmental
regulations, and monitoring the implementation of environmental laws. This
judicial activism has resulted in the protection of ecologically sensitive
areas, regulation of industrial pollution, and conservation of natural
resources.
4. Application of Environmental
Principles: The judiciary has invoked and applied environmental principles such
as the Public Trust Doctrine, Precautionary Principle, Polluter Pays Principle,
Sustainable Development, and Inter-generational Equity to adjudicate
environmental disputes and guide environmental governance. These principles
have formed the cornerstone of judicial decisions, ensuring a holistic and
environmentally conscious approach to development and resource management.
5. Enforcement of Environmental
Regulations: Indian courts have been instrumental in enforcing environmental
laws, regulations, and norms by imposing penalties, directing remedial
measures, and ensuring compliance with environmental standards. The judiciary's
role in upholding the rule of law and environmental accountability has
contributed to the deterrence of environmental violations and the protection of
natural ecosystems.
6. Judicial Review of Environmental
Policies: The judiciary has engaged in the judicial review of environmental
policies, legislative measures, and executive actions to assess their impact on
the environment and public health. This judicial scrutiny has facilitated the
refinement of environmental policies and the correction of regulatory
deficiencies, contributing to the strengthening of environmental governance.
7. Public Awareness and Education:
Courts have used their platform to raise public awareness about environmental
issues, disseminate environmental knowledge, and promote environmental
consciousness among the general populace. By judiciously addressing
environmental matters, courts have contributed to fostering a culture of
environmental responsibility and civic engagement.
Some important cases under Indian environmental law:
1. M.C. Mehta v. Union of India (1986):
This case, also known as the "Oleum Gas Leak Case," involved a toxic
gas leak from a chemical plant in Delhi. The Supreme Court's intervention led
to the formulation of the concept of "Absolute Liability" for hazardous
industries, where the principle of "strict liability" was applied,
holding the industries absolutely liable for environmental damage caused by
their operations.
2. Indian Council for Enviro-Legal
Action v. Union of India (1996): This case, popularly known as the
"Vellore Case," addressed the pollution of the Palar River in Tamil
Nadu. The Supreme Court stressed the Polluter Pays Principle and directed the
closure of polluting industries until they complied with environmental
standards, setting a significant precedent for holding industries accountable
for pollution.
3. Subhash Kumar v. State of Bihar
(1991): In this case, the Supreme Court recognized the right to a clean and
healthy environment as a fundamental right under Article 21 of the Constitution.
The Court held that the right to life includes the right to a pollution-free
environment, establishing environmental protection as a constitutional
imperative.
4. M.C. Mehta v. Kamal Nath (1997): The
"Taj Trapezium Case" addressed environmental degradation in the
vicinity of the Taj Mahal due to industrial pollution. The Supreme Court
implemented stringent measures to control pollution in the Taj Trapezium Zone,
emphasizing the protection of heritage sites and the environment and promoting
sustainable development.
5. Rural Litigation and Entitlement
Kendra v. State of Uttar Pradesh (1985): Also known as the "Dehradun
Quarrying Case," this case addressed the adverse environmental impact of
limestone quarrying in the Mussoorie hills. The Supreme Court's judgment led to
the closure of mining operations and highlighted the Public Trust Doctrine and
the duty of the state to protect natural resources for the benefit of the
public.
6. T.N. Godavarman Thirumulpad v. Union
of India (1997): The "Forest Conservation Case" dealt with the
protection of forests and conservation of biodiversity. The Supreme Court
issued directives to regulate forest-related activities, prevent illegal
logging, and protect wildlife habitats, emphasizing the importance of sustainable
forest management and biodiversity conservation.
7. MC Mehta v. Union of India (1996): In
this case, the Supreme Court banned the use of hazardous chemicals and other
materials in inks and dyes used in firecrackers, emphasizing the need to
protect public health and the environment from hazardous substances.
8. Okhla Bird Sanctuary Case: In 2018,
the Supreme Court of India upheld the importance of protecting the Okhla Bird
Sanctuary, emphasizing the need to balance development with environmental
conservation. The judgment highlighted the significance of preserving critical
habitats for endangered bird species and biodiversity.
The laws, regulation and rules which are framed is not so effective to
protect the environment. Though there is a punishment and fine imposed by IPC
and CRPC which should be amended and speedy remedies should be given and
special protection should be given for the environment. It is the duty of a
human being to keep the environment
clean and pollution free so every people should take care of the environment.
Like some foreign countries Indian government can also follow the strict rules
to stop the environmental pollution
CONCLUSION
The role of the Indian judiciary in
the protection of the environment is undeniably significant and impactful. The
judiciary has emerged as a proactive and interventionist guardian of
environmental rights, shaping environmental law and policy in India through its
jurisprudence and judicial activism.
By proactively interpreting
fundamental rights to include the right to a healthy environment, the judiciary
has integrated environmental considerations into the fabric of constitutional
imperatives, emphasizing the fundamental nature of environmental protection.
Through landmark cases and legal precedents, the judiciary has expanded the
scope of environmental protection, established legal principles, and influenced
environmental policies and governance.
The application of environmental
principles such as the Public Trust Doctrine, the Precautionary Principle, and
the Polluter Pays Principle has guided judicial decisions, contributing to the
regulation of industries, the formulation of environmental standards, and the
promotion of sustainable development. The acceptance of Public Interest
Litigations (PILs) has empowered citizens to seek judicial redress for
environmental concerns, holding authorities accountable and contributing to
public awareness about environmental issues. Looking ahead, the judiciary's
role in environmental protection is poised to have continued significance, with
potential for further interventions and advancements in environmental
governance. As India grapples with diverse environmental challenges, including
pollution, conservation of natural resources, and climate change, the
judiciary's role in ensuring environmental accountability, policy influence,
and public awareness is vital for sustainable development and the protection of
the environment and public health. The Indian judiciary's role in environmental
protection is characterized by its proactive and transformative impact,
positioning it as a guardian of environmental rights and a key driver of
environmental sustainability and accountability in India.
REFERENCE
BOOKS
1. Environmental law by DR.N. Maheshwara
swamy, published by S.P. GOGIA(H.U.F)
2. Introduction to environmental law by
S.Santhakumar.
3. Environmental and pollution laws in
India by Justice T S Doabia Year: 2017
Edition: 3rd Edition
2017.
4. Environmental law case book Author: P
Leelakrishnan ISBN: 9788180381324
Year: 2006 (Reprint 2010)
Edition: 2nd Edition
5. Environmental jurisprudence-
polluter’s liability. Author: Indrajit Dube
ISBN: 9788180381522 Year:
2007 Edition: First.
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Article Information
AN ARTICLE ON ROLE OF INDIAN JUDICIARY IN PROTECTION OF ENVIRONMENT BY: SUDHA B
Authors: SUDHA B
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/02/29
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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