Public Interest Litigation in India

M.C. MEHTA

HistoricHistoric

INDIAINDIA

INDIAINDIAModernModern

29 states and 6 union territories

7th largest country, 2nd most

populous (1.08 billion people)

18 official languages, 114 languages, and 900 dialects

Hindi is the national language, while English is commonly used for national, political, commercial, and educational

purposes

Air Pollution

Article 21: Protection of Life and Personal LibertyArticle 47: Duty of the State to raise the level of nutrition and the standard of living and to improve public health Article 48A: Protection and improvement of environment and safeguarding of forests and wild life Article 51A (g): It shall be the duty of 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

x India

Water (Prevention and Control of Pollution) Act 1974

Air (Prevention and Control of Pollution) Act 1981

Environment Protection Act 1986Hazardous Waste (Management and Handling) Rules 1989

Public Liability Insurance Act 1991

Motor Vehicles Act 1988

Ratlam Municipality v. Vardhichand

AIR 1980 SC 1622

Foundations of Public Interest Litigation

The Taj Mahal Case

Cultural heritage: the Taj Mahal, 4 World Heritage Sites and 254 monuments within the Taj Trapezium Zone

Life and health of the people, particularly the

residents of AgraEnvironment: animals and plants, Yamuna River, Holy Kunds

M.C. Mehta v. Union of India1996 (4) SCALE (SP) 29

Cultural heritage: holy

river

Polluter Pays Principle

Pollution Fines

The Ganga Case

M.C. Mehta v. Union of India and OthersW.P. (Civil) No. 3727 1985

The Beas River Case

Public Trust Doctrine

Vital role of judiciary when executive fails

M.C. Mehta v. Kamal Nath and OthersW.P. (Civil) No. 182 1996

Environmental Education

M.C. Mehta v. Union of IndiaW.P. (Civil) No. 860 1991

Aquaculture Case

S. Jagannathan v. Union of India

W.P. (Civil) No. 561 1994

Vehicular Pollution Case

M.C. Mehta v. Union of India and OthersW.P. (Civil) No. 13029 1985

Forest Case

T.N. Godavarman Thirumulkpad v. Union of India

W.P. (Civil) No. 202 of 1995

Other Landmark Cases

Oleum Gas Leak Case M.C. Mehta v. Union of India and Others (W.P. (Civil) No. 12739 of 1985) Delhi Industries Case

M.C. Mehta v. Union of India and Others (W.P. (Civil) No. 4677 of 1985)

Children Languishing in JailsM.C. Mehta v. Union of India and Others (W.P. (Civil) No. 1501 of 1984)

Industries in Maharashtra and GujaratM.C. Mehta v. Union of India (W.P. (Civil) No. 12179 of 1985)

Aquaculture Case, S. Jagannathan v. Union of India (W.P. (Civil) No. 561 pf 1994)Dahanu Case, Bittoo Sehgal and another v. Union of India and Others (W.P. (Civil) No. 231 of 1994

Slaugherhouse Case, Maneka Gandhi v. Union Territory of Delhi and Others (Civil Writ No. 2961 of 1992)Gamma Chambers Case, M.C. Mehta v. Union of India and Others (W.P. (Civil) No. 1043 of 1986)

Other Landmark Cases

Vellore Tanneries CaseVellore Citizens’ Welfare Forum v. Union of India (W.P. (Civil) No. 914 of 1991) Coastal Regulation Zone

CaseICELA v. Union of India and Others (W.P.

(Civil) No. 664 of 1993)Doon Valley Case Rural Litigation and Entitlement Kendra

v. State of Uttar Pradesh 1988

Bichhri Groundwater Pollution Case ICELA vs. Union of India and Others (W.P. (Civil) No. 967 of 1989)

Building a Foundation for Public Interest Law in

IndiaRight to a Healthy Environment

Strict and Absolute Liability PrinciplePolluter Pays Principle

Precautionary PrinciplePrinciple of Intergenerational Equity

Public Trust DoctrineExemplary Damages

Onus of Proof shifted to the Polluter

The role of the judiciary and lawyers in the protection of

the environment through Public Interest Litigation

Challenges and pressing issues

Thank you.