public india- m.c. mehta
TRANSCRIPT
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.