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Parthiv Roychowdhury,
Sister Nivedita University, Kolkata
Mr. Mahesh Chandra Mehta is an environmental lawyer in India. It is his untiring efforts that contributed much towards developing environmental law in India. M.C. Mehta's involvement in several historic cases altered the country's ecology. He was dubbed as India`s Green Avenger. He started his practice in the J & K High Court. He has filed many PILs, which show his serious efforts in the field of environmental conservation and pollution control, with the laying down of imperative principles of law, besides crystallizing stringent environmental statutory regimes.
The journey of M.C. Mehta began when he himself felt distressed by the deteriorating environmental condition of India. Born in a small village of Punjab, he witnessed the damaging consequence of industrialization and urbanization on the environment. His educational background in law and profession at the Supreme Court of India gave him the platform he needed to act at the national level. It is this strong sense of justice and zeal for safeguarding the natural heritage of the country that made him dedicate his life to environmental movements.
Cases
• Oleum Gas Leak Case (1986)
The Oleum Gas Leak Case, officially standing as M.C. Mehta v. Union of India, is a landmark case in Indian environmental law. On 4th December 1985, there was a
poisonous gas leakage at Shriram Foods and Fertilizers Industries in Delhi, killing one person and leaving many injured. Mehta filed a PIL to raise larger issues pertaining to industrial safety and the right to a healthy environment. This judgment in the case thus evolved the principle of absolute liability against hazardous industries, irrespective of precautions taken.The instance also highlighted the need for regulatory mechanisms and preventive measures so that such a tragedy does not occur in the future. The mandate by the court was to have green belts around industrial estates, formation of safety committees, and establishment of an environmental court for trial of such cases. This precedent judgment laid the foundations for future environmental litigation in India and the development of policies thereon.
• Ganga Pollution case, 1988
One of the most important contributions by M.C Mehta in the field of environmental law is his relentless fight to clean the Ganges River. Through several PILs, Mehta revealed the awful pollution through industrial waste and untreated sewage. The Supreme Court issued various directions, by which measures for lessening the pollution degree of the river were taken. Some of these included closure of the polluting industries along the riverbanks, setting up sewage treatment plants, and putting in effective and stricter waste management measures.
The Ganga Pollution case attracted public attention towards the disgraceful conditions of rivers in India and emphasized the need to manage water resources on a sustainable basis. It also reiterated the role of the judiciary in saving the environment and created a very significant precedent for the future in cases of water pollution.
• Taj Trapezium Case 1985
The most celebrated litigation, no doubt is the massive effort undertaken by M.C. Mehta to save the Taj Mahal from the ravages of air pollution due to the high level of industrial emissions and vehicular exhaust. His PIL compelled the Supreme Court to Issue directives for the closure or running of coal-based industries on cleaner fuels like CNG. The court also restricted vehicular traffic around the monument and encouraged the use of alternate sources of energy. The Taj Trapezium Case not only helped in saving one of India's most magnificent monuments but has also highlighted the larger issue of preservation of heritage sites. It cuts across the function of environmental preservation with cultural heritage conservation and sets a trend for similar cases in times to come.
• Vehicular Pollution Case 1991
The rapidly deteriorating air quality in Delhi due to rising levels of pollution, M.C. Mehta filed a PIL that uninterruptedly reached the judgment of the Supreme Court to compulsorily have public transport vehicles run on CNG. This led to a landmark change in the air quality of the city by considerably bringing down the pollution levels and causing substantial improvement in public health. The directions of the court provided a lead for such measures in other cities of India, establishing cleaner fuels and more sustainable options of transport.
• Environmental Education Case, 2003
M.C Mehta after recognising that education is required to provide a base for environmental awareness, filed a PIL for making environmental education compulsory in schools. The judgement of the Supreme Court supported it by asking the central and state governments to introduce compulsory environmental education in schools. It reiterated that education is an important means for inculcating a sense of responsibility toward the environment and the values of citizenship.
Legal principles
M.C. Mehta's legal battles have founded some very basic principles, which have a far-reaching effect on environmental jurisprudence in India:
1. Absolute Liability: It makes industries absolutely liable for any damage caused by hazardous material handled by that industry, whatsoever preventive measure be taken. Oleum gas leak case crystallized in 1986 that industries can't shirk responsibility for environmental or public damages.
2. Polluter Pays Principle: The principle gives the polluters responsibility for containing the environmental damage caused as a consequence of an activity and the cost involved in it. This urges adopting cleaner practices and technologies that reduce impact on the environment.
3. Right to a Healthy Environment: M.C Mehta developed that the right to life had been elaborated and integrated further with the right to a clean and healthy environment in Article 21 of the Indian Constitution. It has finally found applications of paramount importance in the entrance halls of advocacy for more stringent environmental regulations and protection.
4. Public Trust Doctrine: It is the doctrine that iterates that the natural resources from the land, water, and wildlife are held in trust by the government for public benefit. It requires protection from governmental exploitation and degradation and mandates sustainable management of resources. These principles, evolved through the trailblazing public interest litigation of M.C Mehta and consequent judicial pronouncements, not only shaped Indian environmental law but left their approval on policy formulation and enforcement. They enunciate an activist posture toward ensuring protection of the environment with a strong emphasis on accountability, sustainability, and rights of citizens to a healthy environment.
Challenges
M.C. Mehta's career, though replete with many successes, is not free from controversies either. His aggressive litigation strategy has invited, many a time, the wrath of industrialists and policymakers, who claim that too stringent environmental regulations will restrict economic growth. Also, the enforcement got entangled in bureaucracy and vigorous resistance from vested interests many times.
Critics further point to Mehta's persistent pursuit of environmental justice as, many times, inordinately long legal battles and delays in the implementation of environmental regulations. They suggest that a collaborative approach built upon dialogue and consensus building amongst all stakeholders may have more sustainable outcomes. In a similar way, Mehta's unwavering commitment to the protection of the environment and the successes he has achieved in creating legal precedents are immense.
Legacy & impact
M.C. Mehta's contribution and role with regard to environmental law and public interest litigation are simply immeasurable in India. He has worked tirelessly not only toward framing efficacious environmental policies but also toward raising general responsiveness due to the cause of saving the environment in particular. His advocacy inspired a whole new generation of environmental activists and legal professionals, fostering a culture of environmental stewardship and accountability.
Going by the tangible improvement resulting from his legal battles, Mehta envisions a greener, healthier India. His legacy continues to echo in environmental jurisprudence, with courts frequently citing his cases as foundational in subsequent environmental litigation. The institution of environmental courts and environmental education at the school level are lasting memorials to his endeavours.
Conclusion
It is no exaggeration to say that M.C. Mehta's personal efforts in influencing the course of environmental law in India with landmark cases have been truly transformative. He has taken relentless advocacy and strategic deployment of Public Interest Litigations to reach courts, leading to judicial decisions and setting out critical legal principles; it is not industrial pollution or saving heritage sites alone, even his contribution to environmental education will go a long way in the shaping of an environmental framework within the country.
With cases on a continuous string of issues, from environmental degradation to pollution in India, Mehta laid down principles for future legal and policy initiatives. It underlined the worth of legal activism in saving the environment for future generations and ensuring sustainable development.
REFERENCES
1) Shruti Goel, Right to Clean Environment – M.C Mehta v. Union of India, IPLEADERS (July 10 , 2024, 11:00 AM), https://blog.ipleaders.in/right-to-clean-environment-m-cmehta-v-union-of-india/
2) Author not specified, M. C. Mehta v. Union of India and others (1986) – The landmark case that sparked environmental consciousness in India, IAS EXPRESS (July 10, 2024, 12:00 PM), https://www.iasexpress.net/ie-pedia/m-c-mehta-v-union-of-india-andothers-1986/
3) Author not specified, M.C. Mehta: The Environmental Crusader Who Transformed India’s Legal Landscape, LAW COMMUNICANTS (July 10 ,2024, 12:30 PM), https://thelawcommunicants.com/m-c-mehta-the-environmental-crusader-whotransformed/
4) Author not specified, Environment Jurisprudence, M. C. MEHTA ENVIRONMENTAL FOUNDATION (July 10, 2024, 1:00 PM), https://mcmef.org/environmentjurisprudence/
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