Guru Gobind Singh Indraprastha University
DEPARTMENT OF LAW
TRINITY INSTITUTE OF PROFESSIONAL STUDIES
Subject: Environmental Studies and Environmental Laws
Subject code: LLB 301
Assignment Topic – Enviroment Protection through PIL
SUBMITTED TO: SUBMITTED BY:
DR. Sonika Ahlawat Labhya Sharma
Assistant Professor, TIPS BALLB 2021-2026 (Sem-5)
(Enrollment No. – 01720603821)
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INTRODUCTION
The term "environment" encompasses a wide array of elements, including air, water, land, and
the intricate connections that exist among these elements and between them and living
organisms, including humans. Beyond the physical and biological dimensions, the concept of
"environment" also includes social, economic, political, cultural, and religious aspects. It
represents a complex amalgamation of various factors that not only interact with the organisms
within it but also among themselves. Essentially, it encompasses all external conditions and
influences that affect the life and development of human beings, animals, and plants.
In the landmark case of T.N. Godavarman Thirumalpad v. Union of India (AIR 2003 SC 724),
the Supreme Court of India grappled with the challenge of defining "environment" and observed:
The term "environment" is challenging to define as its meaning is intricately linked to the object
it surrounds. Environment is a multifaceted and polycentric issue that profoundly impacts human
existence.
India faces a multitude of environmental challenges today, including:
Air Pollution: Resulting from rapid industrial development.
Water Pollution: Stemming from industrial and domestic effluents.
Soil Erosion: Leading to the degradation of land and resources.
Deforestation: Contributing to loss of vital forests.
Desertification: Affecting arable land.
Ugly Landscapes and Urban Sprawl: Consequences of a burgeoning population and
unplanned urbanization.
City Slums: Resulting from demographic pressures.
These environmental concerns intersect with the nation's aspiration for rapid industrialization,
self-sufficiency in food production, and meeting the basic needs of a growing population.
Consequently, safeguarding the environment presents a fundamental challenge.
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Environmental issues in India can be broadly categorized into two groups:
Poverty-Related Problems: These arise from the impact of poverty and underdevelopment
on natural resources such as land, soil, water, and forests. They result from insufficient
access to basic human necessities like food and shelter for a significant portion of the
population.
Development-Related Problems: These stem from unintended consequences of the
development process. They include distortions to national resources due to poorly
planned development projects and a lack of attention to long-term environmental
concerns, often driven by commercial and vested interests.
In essence, the concern for the environment is rooted in the desire to ensure that national
development follows rational and sustainable pathways. Environmental conservation forms the
very foundation of all development endeavors.
Significance of PIL in Environmental Protection
I. PIL OVERVIEW
Definition and Scope of PIL
PIL typically addresses grievances related to violations of basic human rights,
government policies, or public interests. It champions causes benefiting society as a
whole and often involves environmental issues.
Non-Adversarial Nature
PIL differs from traditional adversarial litigation. Judges play a significant role in
organizing and shaping the litigation, and they oversee relief implementation.
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Environmental Focus
Many environmental cases in India fall under the ambit of PIL due to their public interest
nature.
II. Expanding Locus Standi
Traditional Rule of Locus Standi
Historically, only those directly affected ("the person aggrieved") could seek legal
remedies.
Representative Standing
Recent modifications in standing rules allow representation of the poor and oppressed by
volunteers, enabling actions like the release of bonded laborers.
Citizen Standing
Citizens or voluntary organizations can sue in their own right as representatives of the
public, even without personal harm, to challenge government actions in the public
interest.
III. Procedural Flexibility in PIL
Flexible Approaches
o Treatment of letters as writ petitions (Dehradun Quarrying Case).
o Adding unrelated causes of action without amending the petition (Shriram Gas
Leak Case).
Use of Commissions and Expert Committees
o Special commissions and expert committees are often appointed to gather facts,
probe scientific questions, and advise the court.
Judicial Notice of Facts
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o Courts may dispense with the need for hard scientific proof in some cases,
assuming certain facts based on available information.
IV. Interim Relief and Monitoring
Interim Orders
o Most relief in PIL cases is obtained through interim orders.
o Courts issue short interim directions through a 'continuing mandamus' at frequent
intervals.
Compliance Monitoring
o Judges monitor compliance with court orders through periodic reports filed by
government agencies.
o Non-compliance can result in judicial strictures, contempt of court action, or
fines.
V. Expanding Executive Influence
Courts Entering Executive Domain
o Courts use interim directions to influence administrative decisions.
o Balancing competing policies, such as development and environmental
conservation (Dehradun Quarrying Case).
Constitutional Objectives
o PIL assists in realizing constitutional objectives and protecting basic human
rights.
o It challenges government to ensure socio-economic justice.
VI. Caution and Criticism
Judicial Restraint
o Some voices caution against excessive judicial activism in PIL (Justice Pathak,
Justice Khalid).
Mala Fide Cases
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o Courts are vigilant against malicious petitions lacking genuine concern for the
community (Chhetriya Pradushan Sangharsh Samiti v State of U.P.).
VII. PIL's Impact on Environmental Awareness
Raising Environmental Awareness
o PIL has contributed significantly to increasing environmental awareness in India.
State's Duty to Protect Environment
o The State's duty to protect the environment, as per the Constitution, is a shared
concern for individuals, groups, and institutions.
Timely Resolutions
o PIL should not be impeded by delays, especially when addressing environmental
degradation.
VIII. Key Environmental Cases
Case 1: Rural Litigation and Entitlement Kendra, Dehradun v State of UP (AIR 1985 SC
652)
Facts:
In July 1983, Rural Litigation and Entitlement Kendra, Dehradun, wrote to the Supreme
Court, alleging illegal limestone quarrying in the Mussoorie Dehradun region was
harming the ecosystem.
The Supreme Court treated the letter as a writ petition under Article 32 of the
Constitution.
Issue:
Can the court interfere with mining activities, granted by the government under
specific conditions, on grounds of ecological disturbance and violation of people's
right to a healthy environment?
Observations and Decision:
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The court recognized that protecting people's right to a healthy environment, ecological
balance, and avoiding hazards is paramount.
It acknowledged the need to balance ecological concerns with national interests such as
defense and foreign exchange.
The court required the government to determine whether importing limestone or mining
locally was more environmentally sound.
In 1988, the court ordered most mines in the Dehradun valley closed due to violations of
the Forest (Conservation) Act, with reforestation efforts.
Comments:
This case highlights the tension between development and conservation, emphasizing the
need to reconcile both for the country's benefit.
The court recognized the right to a wholesome environment as an implied fundamental
right under Article 21.
Case 2: Abhilash Textile v Rajkot Municipal Corporation (AIR 1988 Guj 57)
Facts:
Petitioners operated dyeing and printing businesses in Rajkot.
They challenged a notice from the Municipal Commissioner to prevent the discharge of
dirty water within 7 days or face factory closure.
o Observations and Decision:
The court held that businesses cannot cause public nuisance or health hazards.
Fundamental rights to carry on trade or business are subject to reasonable restrictions for
the public's welfare (Art. 19(1)(g)).
Businesses must comply with laws and invest in effluent purification.
The notice reminded petitioners of their fundamental duty (Art. 51-A(g)) to prevent
pollution.
Case 3: M.C. Mehta v Union of India ("Taj Trapezium Case") (AIR 1997 SC 734)
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Facts:
The case concerned the protection of the Taj Mahal in Agra.
Industries, refinery, and vehicular traffic were polluting the ambient air, damaging the
Taj.
Observations and Decision:
The court considered emissions as air pollutants harming the Taj and the public.
The "Precautionary principle" and "Polluter Pays principle" were accepted.
Industries were directed to shift to natural gas or stop using coke/coal to eliminate
pollution.
Compensation and incentives were provided for affected employees.
Case 4: Ivory Traders & Mfg. Asscn. v Union of India (AIR 1997 Del 267 (FB))
Facts:
The case involved a ban on the trade of imported ivory and ivory-made articles under the
Wild Life (Protection) Act.
Observations and Decision:
The court recognized the trade ban as being in public interest, as it aimed to protect
endangered species.
Even if the trade were considered a fundamental right (Art. 19(1)(g)), the ban aligned
with moral claims in Article 48A of the Constitution.
Case 5: Indian Handicrafts Emporium v UOI (2003) 7 SCC 589
Observations:
In this case, the apex court took a similar view to protect public interest by prohibiting
certain activities related to the killing and slaughtering of elephants, including the sale of
tusks or ivory-made articles. The court stressed the importance of preserving and
protecting animal species from extinction.
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o These cases reflect the Indian judiciary's proactive stance in safeguarding the
environment and public health while considering fundamental rights and public
interest.
IX. Conclusion
PIL has played a pivotal role in India's post-independence era, facilitating environmental
change and promoting social welfare.
Its effectiveness lies in its ability to address environmental issues of public interest, raise
awareness, and hold authorities accountable.
PIL continues to serve as a crucial instrument for safeguarding the environment and
achieving socio-economic justice in India.
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