Judiciary Role in Safeguarding Environment

Abstract

The Constitution of India imposes a duty on both the state and citizens to protect the environment. Although this duty is not enforceable, it is a shared responsibility to ensure environmental sustainability. Currently, the world is experiencing drastic environmental changes, such as rising temperatures and the depletion of natural resources. In a densely populated country like India, with over 1.45 billion people constituting 17.78% of the global population, addressing environmental issues is critical.

India faces significant challenges, including poor air quality and biodiversity concerns, making it one of the largest contributors to greenhouse gas emissions. The government and judiciary play pivotal roles in controlling pollution and implementing environmental protection measures. Public Interest Litigation (PIL) has become an effective legal tool for addressing environmental issues, allowing citizens to approach the courts under Articles 32 and 226 of the Constitution. This article explores government policies, the judiciary’s role, and how PILs contribute to resolving environmental problems.

Introduction

India ranks 176th out of 180 countries on the Environmental Performance Index due to poor air quality, high greenhouse gas emissions, and biodiversity issues. The country faces severe challenges as its air quality often exceeds safe limits, posing significant risks to public health. Environmental degradation stems from various causes, including advancements in science and technology. While these developments have improved living standards, they have also contributed to ecological destruction.

Environmental pollution arises from both natural and man-made causes. Natural factors include floods and earthquakes, while human-induced causes are primarily industrialization and population growth. Protecting the environment is a collective moral responsibility. Although not legally enforceable, it is imperative for both the state and individuals to prioritize environmental preservation.

Statutes on Environment in India

India has enacted numerous laws to address environmental issues. These include:

1. The Air (Prevention and Control of Pollution) Act, 1981
   This law aims to prevent, control, and mitigate air pollution. It empowers pollution control boards to regulate emissions and implement pollution reduction measures.

2. The Water (Prevention and Control of Pollution) Act, 1974
   This Act ensures the prevention and control of water pollution. It mandates a cess on water usage by industries, with funds allocated to pollution control boards for water conservation efforts.

3. The Forest (Conservation) Act, 1980
   This legislation seeks to balance economic development with forest conservation, preventing deforestation and promoting sustainable use of forest resources.

4. The Wildlife (Protection) Act, 1972
   This Act protects endangered species of flora and fauna, regulates hunting and trade, and establishes protected areas for biodiversity conservation.

5. The National Environment Tribunal Act, 1995
   This Act provides for strict liability in cases involving hazardous substances and facilitates quick legal recourse for environmental disasters.

India’s Treaties and Conventions

India has committed to several international agreements for environmental conservation, including:

1. Ramsar Convention (1982)
   Aims to conserve and sustainably use wetlands. India has designated 82 Ramsar sites to date.

2. Stockholm Convention (2006)
   Regulates persistent organic pollutants (POPs) to protect the environment and public health.

3. Montreal Protocol (1992)
   Focuses on phasing out ozone-depleting substances to protect the ozone layer.

4. Kyoto Protocol (2002)
   Encourages industrialized nations to reduce greenhouse gas emissions as part of global climate action.

5. Basel Convention (1992)
   Regulates the transboundary movement and disposal of hazardous and other wastes.

Role of the Judiciary in the Environment

India’s judiciary plays a crucial role in ensuring environmental laws are implemented effectively. Public Interest Litigation (PIL) is a powerful legal mechanism allowing individuals to advocate for public causes, including environmental protection. Over the years, several landmark cases have shaped environmental jurisprudence in India.

1. MC Mehta v. Union of India
   The Supreme Court ruled that vehicular emissions in Delhi violated Article 21, which guarantees the right to life. The court mandated a switch to CNG fuel to reduce air pollution and safeguard public health.

2. Vellore Citizens Welfare Forum v. Union of India
   In this case, a PIL was filed to address pollution caused by untreated industrial waste in Tamil Nadu. The Supreme Court directed the establishment of an authority under the Environmental Protection Act, 1986, to monitor and regulate pollution. Compensation was awarded for affected individuals and ecological restoration.

Despite existing policies and judicial interventions, challenges persist. According to the 2023 Air Quality Index, India is ranked the third most polluted country globally. The judiciary must ensure stricter enforcement of environmental treaties and policies to address these ongoing issues.

Conclusion

India is at a critical juncture in balancing economic growth and environmental sustainability. While industrialization drives technological progress and economic development, environmental concerns must not be overlooked. Public health and ecological preservation are integral to the nation’s progress.

The judiciary has been instrumental in maintaining this balance through proactive interventions, particularly via PILs under Articles 32 and 226 of the Constitution. These legal mechanisms have provided a platform for citizens to demand stricter enforcement of environmental laws. Going forward, collective efforts from the judiciary, government, and citizens are essential to build a sustainable and environmentally conscious nation.