Judicial response to environmental issues in
The court enumerated that the dust emitting from a grinding machine factory created public hazards and injured the health of individual members of the society. The PILL is now recognized as an effective instrument of social change.
Take immediate steps to increase the size of the sewers and wherever sewerage line is not yet constructed, to get it constructed.
The new standard makes hazardous industries absolutely liable from the harm resulting from its activities.
Precautionary Principle The Supreme Court of India, in Vellore Citizens Forum Case, developed the following three concepts for the precautionary principle: Environmental measures must anticipate, prevent and attack the causes of environmental degradation Lack of scientific certainty should not be used as a reason for postponing measures Onus of proof is on the actor to show that his action is benign 4.
It also analyzes the judicial remedies available for environmental protection and some remarkable principles and doctrine propounded by the Indian judiciary. Introduction Environment is the wellspring of life on earth like water, air, soil, etc.
In Narmada Bachao Andolan v.
Environment and the role of supreme court of india
In this way, the judiciary tries to fill in the gaps where there is laciness of the legislation. The court enumerated that the dust emitting from a grinding machine factory created public hazards and injured the health of individual members of the society. The case is significant from other points. Union of India [ix] The Supreme Court has declared that the polluter pays principle is an essential feature of the sustainable development. The court finds that due to working of lime stone quarries there is imbalance to ecology or hazard to healthy environment, then in that case the court will order their closure. The concept of ecological protection and preservation is not new. Vardhichand [xix] The judgment of the Supreme Court in instant case is a land mark in the history of judicial activism in upholding the social justice component of the rule of law by fixing liability on statutory authorities to discharge their legal obligation to the people in abating public nuisance and making the environmental pollution free even if there is a budgetary constraints. To achieve this end, the judiciary had evolved certain principles to provide effective remedy in case of violation of constitutional and legislative mandate. In Narmada Bachao Andolan v. In recent years, there has been a sustained focus on the role played by the higher judiciary in devising and monitoring the implementation of measures for pollution control, conservation of forests and wildlife protection. Public Awareness In India, media is the fourth pillar of the popular government. In fact, both are to be traced to Article 21 which deals with fundamental right to life and liberty.
The court also invoked the Water Act as an indication of the importance of the prevention and control of water pollution. It is a standard which on its terms, admits of no defenses.
It has issued appropriate directions where the government machinery has failed to perform its statutory duty, and thereby undermined the right to life guaranteed under Article 21 of the Constitution.
Discuss the contribution of the indian judiciary towards environmental protection
Accordingly, Supreme Court created another trend of Absolute Liability without any exemption. The court in Meat case I made order against the tanneries, while in Meat case II ruled against municipalities and other governmental authorities. According to Stephen, nuisance is anything done to hurt or annoyance of lands, tenements of another and not amounting to trespass. Devices such as Public Interest Litigation PIL have been prominently relied upon to tackle environmental problems, and this approach has its supporters as well as critics. Need for environmental laws Today we are living in nuclear arena. Complete the works to improve sewerage system within the target dates mentioned in the counter affidavits and not to delay the completion of those works beyond those dates. This contention is additionally maintained by the Apex Court in the instance of M. When the court is called upon to give effect to the Directives Principles and fundamental duty, the court is not to shrug its shoulders and say that priorities are a matter of policy and so it is a matter for the policy-making authority.
It is because of this new strategic of pro bono litigation that the poor and the down trodden have been able to seek justice from courts. In other words, the court reaffirmed that right to clean environment is an important facet of the right to life.
Abstract The black ebony staves of judiciary which has thumped time and again for protection of man miniature against excruciating blows of evil is known on the aspiration for protecting environment. It can be can defined as anything which may be treated as covering the physical surroundings that are common to all of us, including air, space, land, water, plants and wildlife [iii].
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