Indian Council for Enviro-Legal Action vs Union of India
1996 AIR 1446 Case Summary
[Article 21]
[Right to Environment]
Facts
The Indian Council for Enviro-Legal Action filed a public interest litigation concerning hazardous industrial pollution caused by chemical industries in Rajasthan. The petition emphasized the environmental and health hazards faced by the affected communities due to toxic waste disposal.
Issues
1. Are industries liable for pollution under the "polluter pays" principle?
2. How can the affected people and the environment be compensated and rehabilitated?
Relevant Legal Provisions
- Environment (Protection) Act, 1986: Empowers the central government to take measures to protect and improve the environment, ensuring accountability for environmental damage.
- Article 21, Constitution of India: Protects the right to life, including the right to a clean and safe environment.
- Article 48A, Constitution of India: Directs the state to protect and improve the environment.
Explanation of Provisions:
- The Environment (Protection) Act provides a legal framework to tackle pollution and hold polluters accountable.
- Article 21 recognizes environmental degradation as a violation of fundamental rights.
- Article 48A imposes a duty on the state to ensure environmental protection as part of the Directive Principles of State Policy.
Judgment
The Supreme Court applied the "polluter pays" principle, holding the industries responsible for environmental damage and ordering them to pay for remediation and compensation to affected people. The judgment reinforced the need for accountability and proactive state action to safeguard the environment.
Rishita Vanjani
2nd year
Amity University Rajasthan
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