Public Interest Litigation (PIL) has emerged as a crucial mechanism in India for advancing environmental justice and holding both government and private entities accountable for environmental harm. Through PILs, individuals and organizations can approach the courts on behalf of communities impacted by environmental issues, even if they are not directly affected themselves. This process empowers marginalized voices, ensuring that public interest-especially the right to a healthy environment-is upheld. The Indian judiciary has played a proactive role in using PILs to address environmental concerns, bringing landmark changes in policy and law enforcement that protect natural resources and promote sustainable practices.
Before delving deeper into the role of PILs in environmental justice, it is essential to understand what PIL entails in the Indian legal context. Public Interest Litigation (PIL) refers to a case or petition filed before a court to protect, safeguard, or enforce public interest. Public interest means the interest or right belonging to the society, a particular class of the community, or a group of people. PILs are filed to address issues that impact a community’s or the public’s overall legal rights.
PILs are brought before the courts to protect the interests of the collective, not the individual. Only the Supreme Court of India or the State High Courts may receive it. PILs have developed into a potent instrument for upholding the legislative and executive branches’ legal duties. Promoting the welfare of the populace and ensuring justice for all are the main goals of PILs.
No law, statute, or act defines a Public Interest Litigation (PIL).In accordance with the Indian Constitution, it is brought before the courts to uphold the rights of the people and advance the common good. The power of judicial review served as the inspiration for the PIL concept in India. A PIL is submitted to the court by a private individual who is concerned about the welfare of the public and the advancement of society, not by the person who feels wronged.
Any issue that affects the public interest, including road safety, pollution, construction hazards, terrorism, neglected children, atrocities against women, exploitation of casual workers, bonded labour, failure to pay minimum wages to workers, food adulteration, disruption of ecological balance, preservation of heritage and culture, etc., can attract a Public Interest Litigation (PIL).
All Indian citizens or organizations can file a public interest litigation petition before the Supreme Court under Article 32 of the Constitution of India or the High Courts under Article 226 of the Constitution of India. However, the person or organization filing the PIL petition must prove to the court that the PIL is being filed for an issue concerning public interest and that it will benefit the public at large.
PILs cannot be brought against private citizens; they can only be brought against the federal government, state governments, or local governments. The concept of a government includes the Indian Parliament, the legislature of each State, and any local or other authority that falls under the purview of the government.
Environmental Degradation In India
“Environmental degradation is not just an ecological crisis; it is a profound challenge to our collective future, demanding urgent and unified action.”
Public Interest Litigation in India has become a beacon for environmental justice, empowering communities and amplifying the voice of the voiceless to protect the nation’s natural heritage. The pressing issue of environmental degradation has become a significant concern in India, with serious implications for the well-being of its citizens and the overall sustainability of the nation’s development. Over the past few decades, the Indian judiciary has played a crucial role in addressing this challenge through the institution of Public Interest Litigation, which has led to significant policy changes and judicial interventions aimed at mitigating the adverse effects of environmental degradation.
India has witnessed a proliferation of Public Interest Litigation filed by concerned citizens and organizations regarding various aspects of environmental degradation, including air and water pollution, deforestation, and climate change. The courts, particularly the higher judiciary, have been at the forefront of the environmental movement, leveraging their powers to provide relief and implement environmental protections. The global environmental movement has had a significant impact on the Indian judiciary, prompting them to adopt a more proactive approach in addressing these pressing issues.
The courts have recognized the limitations of existing environmental legislation and have sought to fill the gaps through creative interpretations and innovative measures. The judiciary has played a pivotal role in the development of environmental jurisprudence in India, establishing a unique approach that incorporates indigenous conceptions alongside Western ideas.
Large, dispersed, and unnamed groups of people are usually the parties impacted by pollution in the majority of environmental litigation cases. Since the late 1970s, the Supreme Court has permitted any member of the public with a sufficient level of interest to start a legal action to guarantee the preservation and enhancement of the environment because nature and inanimate objects are unable to represent themselves in court. People now refer to this as Public Interest Litigation (PIL).
PILs have been used to start a number of environmental cases. The cases were presented before the court starting with the Dehradun limestone quarrying case in 1983, and then the Ganga water pollution case, the Delhi vehicle pollution case, the Vellore leather industry pollution case, and the T N Godavarman case, all the cases were brought to the attention of the court through PILs.
These cases have been initiated by non-governmental organizations (NGOs) and environmental activists on behalf of other individuals, groups or the public at large. The courts have been called upon in each of these cases to guarantee the application of the legislative Acts and the constitutional clauses that seek to uphold fundamental rights and save the environment.
Although the causes of the abrupt increase in environmental lawsuits are numerous and intricate, the poor application of environmental rules and regulations has been a significant contributing element. As a result, NGOs, environmentalists, and impacted people have turned to the courts-especially the higher judiciary-for appropriate corrective action. From 1980 to 2000, the nation’s higher judiciary addressed a wide range of environmental issues and made a substantial contribution to the development of environmental jurisprudence concepts.
In a series of judgements, it held that the right to a clean and healthy environment is also a part of Article 21 of the Indian Constitution (see ‘How judiciary has interpreted right to life’). Each judge made use of their own subjective interpretation of what was required for a clean and healthy atmosphere in the process.
Case Laws:
The judgment in Rural Litigation and Entitlement Kendra vs. The State of U.P. (1985) has had a significant influence on India’s environmental legislation and policy-making since 1986. This case is considered the first environmental PIL in India. It dealt with the pollution caused by tanneries along the Palar River in Vellore, Tamil Nadu. The judgment emphasized the need for comprehensive environmental impact assessments (EIA) before commencing mining activities. This led to the incorporation of EIA as a mandatory requirement in various environmental laws, including the Environment (Protection) Act, 1986.
The judgment’s emphasis on environmental protection and sustainable development contributed to the passage of the Environment (Protection) Act, 1986. This Act provides a framework for environmental governance, including provisions for pollution control, conservation of natural resources, and sustainable development. The judgment’s recognition of the public’s right to a healthy environment and the need for public participation in environmental decision-making has led to greater emphasis on public involvement in environmental policy-making and project planning.
Vellore Citizens Welfare Forum v. Union of India was a landmark case concerning pollution from tanneries and industries in Tamil Nadu. The petition highlighted the contamination of the Palar River and its impact on the region’s water supply. The Supreme Court in Vellore Citizens Welfare Forum v Union of India directed the central government to establish an authority under the Environment Protection Act, applying the precautionary and polluter pays principles. It imposed fines on tanneries, mandated common treatment facilities and ordered the closure of non-compliant units.
The court also affirmed the Tamil Nadu Pollution Control Board’s guidelines and directed the formation of a “Green Bench” in the Madras High Court. The case set important precedents for environmental protection and enforcement in India. M.C. Mehta vs. Union of India (1984) is a landmark environmental case in India, also known as the “Taj Trapezium Case.” It was a writ petition filed by M.C. Mehta, a lawyer and environmental activist, against the Union of India and Sri Ram Food and Fertilizers.
In 1984, Mehta visited the Taj Mahal and noticed the white marble had turned yellow due to severe air pollution. He filed a petition in the Supreme Court, alleging that the pollution was caused by the emission of sulphur dioxide and oxygen from various industrial units in the Taj Trapezium Zone (TTZ). The TTZ, spanning 10,400 square kilometers, was designated to protect the Taj Mahal from pollution. The Supreme Court, comprising Chief Justice P.N. Bhagwati and Justices G.L. Oza and D.P. Madon, delivered the judgement on December 20, 1986. The court observed that the pollution was not only harming the Taj Mahal but also posing a threat to the health and well-being of the people living in the surrounding areas.
T.N. Godavarman vs Union India
This landmark judgment deals with the conservation of the Western Ghats, a region of high biodiversity in India. The case was filed by K.M. Chinnappa, trustee of Wildlife First, and T.N. Godavarman Thirumulpad, alleging violation of the Wildlife (Protection) Act, 1972, by the States of Karnataka and Uttar Pradesh. The Court issued an injunction on the removal of trees from National Parks, Game Sanctuaries, and Forests, pending further orders. The Court criticized the National Forest Policy (1988) for being ineffective in translating its objectives into reality. The court emphasized the need for the constitution of Green Benches in India, dealing specifically with environmental matters, and ordered the Central Government to set up an Environmental Court.
Bombay Group v/s State Of Maharashtra
The Bombay Environmental Action Group (BEAG) filed a public interest litigation (PIL) against the State of Maharashtra, seeking to dispose of Rule issued in PIL No. 87 of 2006. The Rule was related to the protection and preservation of the environment, particularly along the 720-kilometer coastline of Maharashtra, which is characterized by numerous rivers, estuaries, creeks, small bays, rocky shores, and muddy beaches. The judgment emphasizes the importance of environmental protection and preservation, particularly along Maharashtra’s coastline.
The Court’s directions emphasize the need for compliance with environmental regulations and laws, highlighting the role of the State in ensuring environmental sustainability. This case sets a precedent for future environmental litigation in the region, underscoring the importance of public interest litigation in promoting environmental protection.
Concluding Remarks
Public Interest Litigations (PILs) have played a crucial role in addressing environmental degradation issues. They have allowed citizens to hold governments and corporations accountable for their actions that harm the environment. Through PILs, important environmental regulations and protections have been implemented, leading to a more sustainable and eco-friendly approach to development. Additionally, PILs have helped raise awareness about environmental issues and mobilize public support for conservation efforts. Overall, the impact of PILs on environmental protection cannot be overstated, and their continued use is essential in ensuring a healthy and thriving planet for future generations.
Through PILs, concerned individuals and organizations have been able to hold governments and corporations accountable for their actions that harm the environment. These legal tools have provided a platform for citizens to challenge harmful practices, advocate for stricter regulations, and demand justice for environmental violations. By empowering individuals to take legal action, PILs have been instrumental in promoting transparency and accountability in environmental decision-making processes.
As a result, governments and businesses are increasingly being held responsible for their environmental impact, leading to greater efforts to mitigate pollution, conserve natural resources, and protect endangered species. The use of PILs has also sparked a global movement towards sustainability, with more and more people becoming actively involved in environmental activism and advocacy. The collective efforts of PILs and grassroots movements have proven to be a powerful force in driving positive change and promoting a more sustainable future for our planet.
It is imperative for more individuals to come forward and file PILs to ensure the protection and conservation of our environment for future generations. By taking legal action through PILs, individuals can hold governments and corporations accountable for their actions that harm the environment. This not only raises awareness about pressing environmental issues, but also puts pressure on decision-makers to implement policies that prioritize sustainability.
Additionally, PILs can serve as a tool for communities to voice their concerns and protect their rights to a clean and healthy environment. As more people recognize the importance of environmental protection, the impact of PILs will continue to grow, driving meaningful change towards a more sustainable future.
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