Published On: 31st October, 2024
Authored By: Saniya Momin
ILS law college, Pune
Earth is considered as the only planet in the Universe where life exists and one of the reasons that distinguishes our planet from others is the Environment. Dalai Lama wisely quoted “It is our collective and individual responsibility to preserve and tend to the environment in which we all live.” This is where, public interest litigation (PIL) comes into the picture.
As the name suggests, public interest is prioritized to seek protection through court of law. Though PIL is not explicitly mentioned anywhere in the statutory law of the country, it is borrowed from the American Constitution for matters concerning the interests of the public at large. PIL can be filed by any person, NGO or any group of people may they be aggravated or private related to public issues such as road safety, pollution, construction hazards, terrorism, neglected children, atrocities on women, exploitation of casual workers, bonded labor, non-payment of minimum wages to workers, food adulteration, disturbance of ecological balance, maintenance of heritage and culture, etc. Let’s discuss the role of PIL in Environmental matters.
Environmental Public interest litigation
Environmental Public Interest Litigations are brought when there is a breach of environmental regulations or when the country is harmed. People typically file Public Interest Litigations (PILs) to force the state to take specific action when their fundamental environmental rights are violated, forcing the government to stop such unlawful acts.
The country’s environmental legislation are established using the provisions of our Constitution as a guide. Our Indian Constitution’s Article 48-A calls for the preservation and enhancement of the natural environment, as well as the protection of wildlife and forests. Furthermore, the fundamental obligations pertaining to the environment are covered under Article 51-A (g). In the case of Rural Litigation and Entitlement Kendra v. State of U.P., the Supreme Court ruled that Article 21 of our Constitution grants us the right to a healthy environment and the preservation of nature’s bounty. Articles 252 and 253 of the constitution allow Parliament to establish further environmental laws, such as the Air (Prevention and Control of Pollution) Act, the Environment Protection Act, 1986, and the Water (Prevention and Control of Pollution) Act of 1981. [1]
Landmark cases of Environmental PIL
The creation of environmental jurisprudence has been greatly aided by the numerous PILs that are routinely filed before the Supreme Court and the High Courts.
Following are few of the landmark cases relating to preservation of the environment:
The Supreme Court first introduced the concept of a Public Interest Litigation (PIL) in the Ratlam Municipal Council v. Vardhichand case (AIR 1980 SC 1622), where the municipal body of the city of Ratlam had neglected to establish a proper drainage system due to a lack of funds. The PIL was based on the observation that a responsible Municipal Council, which was constituted with the express purpose of preserving public health, cannot absolve itself of its primary duty by claiming financial inability.
In the 1985 case of M. C. Mehta v. UOI (AIR 1987 SC 1086), an oleum gas leak at an industrial unit in Delhi, the nation’s capital, resulted in one fatality and grave health problems for the general public. The Supreme Court’s introduction of the notion of “Absolute Liability” in this decision severely limited the capacity of the party responsible for the offense to invoke any defense to avoid responsibility. The well-established idea of “strict liability” served as the foundation for this regulation. [2]
Environmental Public Interest Litigation worldwide
1.China
environmental public interest litigation has been an important tool in combating China’s air pollution problem and improving the nation’s environmental integrity. The establishment of both environmental courts and the Supreme People’s Procuratorate (SPP) pilot program reflect that the introduction of environmental public interest litigation has been a significant development in encouraging further action. Both the environmental courts and the pilot program have advantages that may help balance out the previously described challenges facing NGO-initiated environmental public interest litigation. Therefore, the SPP pilot program, environmental courts, and environmental public interest lawsuits are three instruments that, when combined, could create a route for China to succeed in its environmental endeavours. [3]
2.USA
The primary purpose of environmental public interest litigation, which has its roots in the United States, is to address the issues of market and government failure in environmental governance. In order to preserve natural resources and safeguard the environment, federal, state, and local governments in the US implement environmental policy. Environmental preservation is weighed against other public policy priorities like economic expansion, reasonably priced energy, and individual and corporate rights. The trade-offs posed by environmental regulations are frequently brought up in discussions about state and federal environmental policy.
Laws and regulations pertaining to drinking water quality, air and water pollution, smog, chemical and oil spills, land management and conservation, and wildlife protection, including the preservation of endangered species, can all be considered aspects of environmental policy.
Indian Preview on Environmental PIL
Unlike countries like China and USA where there is a complete framework on the usage of the environmental PIL in a large scale, India is still in a backdrop generalizing the constitutions or lacking behind of forming a nodal agency to work specifically for matters concerning environmental protection.
Conclusion:
The promotion of environmental conservation and protection in India has been greatly aided by public interest litigation in the field of environmental law. PIL has given citizens the ability to file lawsuits over environmental infractions and ask the courts for remedies. Additionally, PIL has aided in raising public awareness of environmental issues and people’ rights. As a result of the Supreme Court’s historic rulings in response to Public Interest Litigations, a number of organizations have been established, new environmental laws and regulations have been adopted, and pollution control measures have been put into place.
Reference(s):
[1] Diva Rai, How to draft a PIL in environment matters (26 September,2021) iPleaders < https://blog.ipleaders.in/how-to-draft-a-pil-in-environmental- matters/> 1st August,2024
[2] Hima Kohli, Session 7-Public Interest Litigation in environmental cases < https://www.ajne.org/sites/default/files/event/7/session-materials/h.-kohli.- session-7-public-interest-litigation-justice-hima-kohli.pdf > 1st August 2024
[3] Sophie Zander, ‘How Effective a Weapon Is the New EPL in China’s War against Pollution: The Past Triumphs and Future Challenges of Environmental Public Interest Litigation’ (2018) 50 NYU J Int’l L & Pol 605
