This Article is Written by Ms. Priti, Student of MD University, Rohtak
INTRODUCTION
In India, the concept of “Public Interest Litigation (PIL)” has been a revolutionary tool that has expanded the reach of justice to common citizens. PIL serves as an avenue for individuals, non-governmental organizations (NGOs), or even public-spirited citizens to address matters of public concern, including environmental issues, before the courts. With its roots in the constitutional framework, PIL has empowered people to challenge actions that harm the environment, often allowing the judiciary to step in where executive and legislative actions fall short. India faces significant environmental challenges, ranging from air and water pollution to deforestation and climate change impacts.
In this context, PIL has become a powerful instrument to safeguard the environment, ensure accountability, and enforce environmental laws. One of the most innovative parts of the constitution is that the right to enforce the fundamental right through public interest litigation by moving the Supreme Court is itself a fundamental right under Article 32 of the constitution.[1]
Writ jurisdiction is conferred on the supreme court under Article 32 and on all the twenty-five High courts under Article 226 of the Constitution. Under these provisions, the SC and HC have the power to issue any direction or order or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever is appropriate.[2] Also, the Supreme Court in exercise of its jurisdiction may pass such decree or order is necessary for “ doing complete justice “ in any cause or matter pending before it.[3] However, the law declared by the SC shall be binding on all courts within the territory of India.[4]
However, in India, most of the environmental jurisprudence has been developed through writ jurisdictions. The relaxed rules of locus standi and evolution and recognition of epistolary jurisdiction by the Supreme Court and high courts have further ensured public participation in matters like environmental protection.[5]
WHAT IS PUBLIC INTEREST LITIGATION
Public Interest Litigation (PIL) is a legal tool that enables individuals or organizations to seek judicial intervention in matters of public concern. PIL was not initially recognized in Indian law but has evolved significantly, especially after the 1980s. The Supreme Court of India played a key role in expanding the scope of PIL, particularly with regard to environmental issues. In the Indian context, PIL allows people, especially those who are unable to approach the court due to financial constraints or geographical barriers, to file petitions in the interest of the public. Over the years, PIL has become a crucial instrument for environmental activists, citizens, and NGOs, empowering them to bring issues of environmental degradation before the judiciary.
LEGAL FRAMEWORK FOR PIL AND ENVIRONMENTAL PROTECTION IN INDIA
India’s legal framework for environmental protection is largely influenced by the Constitution of India, especially its “Directive Principles of State Policy” (DPSP) and the “Fundamental Rights”. Articles 48A and 51A(g) are the cornerstones of environmental law in India. Together, these constitutional provisions form the basis for environmental protection in India. However, PIL offers an additional line through which environmental issues can be brought before the judiciary, ensuring that rights relating to a healthy environment are not only constitutionally recognized but also justiciable.
ENVIRONMENTAL STATUTES IN INDIA AND THE ROLE OF PIL[6]
India has a range of environmental Statutes designed to protect the environment, but enforcement has often been inadequate. These laws include:
- The Water (Prevention and Control of Pollution) Act, 1974
- The Air (Prevention and Control of Pollution) Act, 1981
- The Environment Protection Act, 1986
- The Forest Conservation Act, 1980
- The Wildlife Protection Act, 1972
- The National Green Tribunal Act, 2010 (which established the National Green Tribunal for quick disposal of environmental cases).
While these laws lay down a framework for environmental protection, PIL serves as a complementary mechanism to ensure these laws are effectively enforced. It allows citizens to challenge violations of these laws and hold both the government and corporations accountable for their actions.
LANDMARK PIL JUDGEMENTS IN ENVIRONMENTAL PROTECTION IN INDIA
Over the years, several PIL cases have had a profound impact on environmental protection in India. These landmark cases have not only strengthened environmental jurisprudence but also sent strong messages about the judiciary’s commitment to protecting the environment.
- M.C. Mehta vs. Union of India (1986) – Ganga Pollution Case[7] :- One of the earliest and most famous PIL case related to environmental protection is the M.C. Mehta vs. Union of India case, which was filed in 1986. The petitioner, M.C. Mehta, an environmental activist, sought judicial intervention to address the alarming levels of pollution in the Ganga River. In response to the case, the Supreme Court issued a series of directions to the government, leading to the establishment of the “Ganga Action Plan” to reduce pollution in the river.
This case marked the beginning of PIL’s role in environmental protection in India, and it emphasized the role of the judiciary in addressing environmental issues and holding the government accountable for its inaction.
- Vellore Citizens Welfare Forum vs. Union of India (1996) – Leather Industry Pollution Case[8]:- In this landmark case, the Vellore Citizens Welfare Forum filed a PIL against the discharge of untreated toxic waste from tanneries in Vellore, Tamil Nadu, into the river. The Supreme Court directed the closure of tanneries that failed to treat their waste and established norms for the treatment of industrial effluents.
This case highlighted the role of PIL in ensuring that industries comply with environmental standards, and it paved the way for stricter environmental regulations in industrial sectors.
- T.N. Godavarman Thirumulpad vs. Union of India (1997)[9] – Forest Conservation Case: This PIL, filed in 1996, sought the protection of forests and the prevention of illegal deforestation in India. The Supreme Court issued a series of rulings to ensure that forest lands were not diverted for non-forestry purposes without following due process. The case resulted in a significant shift in forest conservation policy and laid the foundation for the Forest Conservation Act.
- Almitra H. Patel vs. Union of India (1998)[10] – Waste Management Case:The case focused on the issue of municipal solid waste management in urban areas. The petitioner, Almitra H. Patel, an environmentalist, filed a PIL demanding better management of waste disposal systems in cities across India. The Supreme Court directed the government to develop a national policy on waste management and ensure its enforcement.
- The Bhopal Gas Tragedy Case[11] occurred on the night of December 2-3, 1984, in Bhopal, India, when a pesticide plant owned by Union Carbide India Limited (UCIL), a subsidiary of the American company Union Carbide Corporation (UCC), leaked toxic gas. A chemical reaction occurred when water entered a storage tank containing methyl isocyanate (MIC), a highly toxic gas. This led to the release of large quantities of MIC gas into the atmosphere.The gas spread quickly to surrounding areas, causing immediate deaths and injuries. Official reports estimate over 2,500 deaths, with many more suffering from severe health issues.
PIL AND ENVIRONMENTAL GOVERNANCE: CHALLENGES AND OPPORTUNITIES:
While PIL has had significant successes in advancing environmental protection, it faces several challenges:
- Judicial Overreach: One of the primary criticisms of PIL is that it often leads to judicial overreach. In some cases, the judiciary has been accused of stepping beyond its constitutional mandate and interfering with executive functions.
- Lack of Awareness: Many citizens, especially in rural areas, remain unaware of their rights under PIL. This limits the widespread use of PIL for environmental issues.
- Delay in Case Disposal: Despite the importance of PIL in environmental matters, the judicial process can sometimes be slow, leading to delays in resolving cases and implementing environmental protection measures.
- Fragmented Approach: Environmental protection in India often involves multiple authorities and agencies, which can lead to fragmented decision-making and enforcement. PIL can help unify these efforts but often faces challenges due to bureaucratic inefficiencies.
Despite these challenges, PIL remains a vital tool for environmental protection in India. It not only empowers citizens but also acts as a check on government action and industrial practices.
CONCLUSION
The Public Interest Litigation (PIL) has proven to be a powerful instrument for environmental protection in India, allowing citizens and organizations to seek judicial intervention in cases of environmental harm. Over the years, PIL has led to several landmark judgments, shaped environmental policies, and held governments and industries accountable for environmental violations. However, challenges remain in ensuring the effective and timely implementation of judicial directions, raising awareness about environmental rights, and fostering coordinated efforts among various stakeholders. Nonetheless, the use of PIL in environmental protection in India represents a crucial step toward a more environmentally conscious society and a sustainable future. As India overcomes various environmental issues like air and water pollution, deforestation, and climate change, the judiciary’s role through PIL will continue to be indispensable in holding the government accountable and protecting the country’s natural resources for future generations.
REFERENCES
[1] Article 32(1) of the Constitution.
[2] Article 32(2) of the Constitution.
[3] Article 142 of the constitution. See also union carbide corporation vs. union of India, (1991) 4 SCC 584
[4] Article 141 of the Constitution.
[5] See Rajiv Ranjan Singh vs. state of Bihar, A.I.R. 1992 Pat.86.
[6] Environmental Law: Environment Protection, Sustainable Development and the Law, Author: Dr. Paramjit S. Jaswal by publication of Allahabad Law Agency.
[7] M.C. Mehta vs. Union Of India, AIR 1988 SC 1037;(1987) 4 SCC 463.
[8] (1996) 5 SCC 647.
[9] (1997) 2 SCC 267.
[10] (1998) 2 SCC 416.
[11] A.I.R. 1987 S.C. 1086.
