Abstract
M.C. Mehta, a renowned public interest litigator, is often called as the “Green Lawyer of India.” Through a series of Public Interest Litigations (PILs), he has played a significant role in environmental jurisprudence in India.
His tireless appeals before the Supreme Court established doctrines like the polluter pays principle, absolute liability, and sustainable development. This article pits a dive into his contribution in shaping environmental law, the judicial principles laid down in landmark cases, and his role in expanding the existing environmental principles.
Introduction
Environmental law in India is framed out of many judicial cases and precedents. Among the key precedents, M.C. Mehta v. Union of India cases stand as milestones.
His PILs before the Supreme Court of India transformed the Indian judiciary into an active supporter and caretaker of the environment. Unlike statutory and legislative interventions which could not adequately address issue, judicial pronouncements under his litigations paved way to constitutional mandates.
About M.C. Mehta
Mahesh Chandra Mehta is an environmental lawyer and activist who is known to have campaigned for a healthier environment and has also won recognition and awards for the same.
The Magsaysay award jury has cited him for claiming the constitutional right to a clean and healthy environment for present and future generation of India. He is known to have held polluters to pay for it and request India’s citizens and media offices to spread environmental messages.
Mehta also promoted the use of environment friendly gasoline in India’s four largest cities, the preservation of the Ganga, Taj Mahal and Beas River from factory-discharged effluents, and several other environmental risks.
Legal Framework
The common laws and doctrine used in M.C. Mehta cases are:
- Absolute Liability – This evolved in Oleum Gas leak case, according to this any commercial enterprise dealing with dangerous things, will be liable for any harm caused to aggrieved parties.
- Polluter Pays Principle – Industries are bounded by a legal duty to compensate for the harm caused to environment by their actions.
- Public Trust Doctrine – This recognises that natural resources are held by the state in trust for the public and are the property of public.
- Sustainable Development – This lays down a framework that balances environmental protection and care along with development and modern requirements.
- Article 21 – Right to a clean and healthy environment constitutes a part of the right to life.
Proof, Facts and Authorities
The environmental law plays an important role in India. Existing laws including the constitution also supports this principle. The cases of Mahesh Chandra Mehta have reflected the right to a healthy environment and have laid down the base for growth of environmental jurisprudence in India.
- The constitution bestows duty upon citizens and state under Articles 48A and 51A(g) to protect the environment.
- The highest court of India, Supreme Court has treated environmental protection as part of basic human rights in accordance with the M.C. Mehta cases.
- After cases were filed by Mehta, through judicial intervention, numerous industries were relocated from Delhi, vehicular emissions were regulated, and the Ganga Action Plan gained judicial backing.
- He consistently cited that industrialization cannot be pursued at the cost of human health and ecological stability.
- As a result, even legislature acted and introduced National Green Tribunal Act 2010, which institutionalized environmental adjudication.
Case Laws and Precedents
1. M.C. Mehta v. Union of India (Oleum Gas Leak Case)
This case evolved due to oleum gas leak from an industry causing harm to many people. In this case, the court introduced the doctrine of absolute liability for hazardous industries.
2. M.C. Mehta v. Union of India (Ganga Pollution Case)
This case dealt with pollution of river Ganga. The court here directed closure of polluting industries discharging effluents into the Ganga without treatment. It held that life, health and environment are more important over industrial interests.
3. M.C. Mehta v. Union of India (Taj Trapezium Case)
This case dealt with the decolourisation of Taj Mahal marvel due to coal industries. The Court here ordered industries to either switch the material or relocate outside the Taj Trapezium Zone.
This gave a message that cultural heritage is an integral part of environmental law and must be protected through sustainable development.
4. M.C. Mehta v. Union of India (Vehicular Pollution Case)
This case dealt with the pollution caused due to vehicles. This led to introduction of CNG in Delhi public transport by the Supreme Court. This set a precedent for controlled vehicle pollution all over India.
5. M.C. Mehta v. Kamal Nath
This case came due to unauthorized leasing of a forest land by government of Himachal Pradesh and dealt with public trust doctrine, with the court contending that natural resources like river, forest, air etc. belong collectively to public and cannot be used for private or commercial use by any government official.
Conclusion
Mahesh Chandra Mehta is not just a litigant; his name is synonymous with environmental law and jurisprudence.
From recognising right to clean environment to sustainable development, he has significantly contributed in litigations about environment. His relentless activism has indelibly shaped environmental jurisprudence in India.
His PILs have not only ensured cleaner air and water but also laid principles of environmental governance.
Today, his contributions form the backbone of Indian environmental law, reminding policymakers and industries alike that economic or commercial development cannot override ecological responsibility and duty.
FAQs
Q1. Who is M.C. Mehta?
A public interest lawyer known for pioneering environmental litigation in India. He is also termed as green lawyer of India.
Q2. Which principle did the Oleum Gas Leak case establish?
This case elaborated strict liability and established the principle of absolute liability.
Q3. How did M.C. Mehta influence Article 21?
His litigations and arguments contented court to expand its interpretation of Article 21 to include the right to a clean and healthy environment.
Q4. Which case dealt with Taj Mahal’s preservation?
M.C. Mehta v. Union of India case of 1997 popularly known as Taj Trapezium Case.
Q5. Why is M.C. Mehta called the Green Lawyer of India?
Because of his lifelong efforts to protect the environment through PILs and litigations.
References
- INDIA CONST. art. 48A, 51A(g)
- Subhash Kumar v. State of Bihar, (1991) 1 SCC 598
- S.P. Sathe, Judicial Activism in India: Transgressing Borders and Enforcing Limits 107–10 (2002)
- M.C. Mehta v. Union of India, (1987) 1 SCC 395
- M.C. Mehta v. Union of India, 1988 AIR 1115
- M.C. Mehta v. Union of India, (1997) 2 SCC 353
- M.C. Mehta v. Union of India, (1998) 6 SCC 63
- M.C. Mehta v. Kamal Nath, (1997) 1 SCC 388
- Nehal Misra, How M.C. Mehta led to the formation of jurisdiction on environmental laws in India, iPleaders Blog (August 15, 2020), link
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