Public India - M.C. Mehta

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Public Interest Litigation in India

M.C. MEHTA
Historic
INDIA
Modern
INDIA
7th largest country, 2nd
most populous (1.08
billion people)

29 states and 6 union territories

18 official languages, 114 languages, and 900 dialects

Hindi is the national language, while English is commonly used for national,
political, commercial, and educational purposes
Air Pollution
Article 21: Protection of Life and
Personal Liberty
Article 47: Duty of the State to raise the
level of nutrition and the standard of living
and to improve public health
Article 48A: Protection and
improvement of environment and
safeguarding of forests and wild life
Article 51A (g): It shall be the duty of
every citizen of India to protect and improve
the natural environment including forests,
lakes, rivers and wild life, and to have
compassion for living creatures
x India

Water (Prevention and


Control of Pollution) Act 1974
Air (Prevention and
Control of Pollution) Act 1981
Environment Protection Act 1986
Motor Vehicles Act 1988
Hazardous Waste (Management and Handling)
Rules 1989
Public Liability Insurance Act 1991
Foundations of Public Interest
Litigation

Ratlam Municipality v. Vardhichand


AIR 1980 SC 1622
The Taj Mahal
Case
Cultural heritage: the
Taj Mahal, 4 World Heritage
Sites and 254 monuments
within the Taj Trapezium
Zone

Life and health of the


people, particularly the
residents of Agra

Environment: animals
M.C. Mehta v. Union of India and plants, Yamuna River,
1996 (4) SCALE (SP) 29 Holy Kunds
The Ganga
Case
Pollution Fines
Polluter Pays Principle

Cultural heritage:
holy river

M.C. Mehta v. Union of India and Others


W.P. (Civil) No. 3727 1985
The Beas River
Case

Vital role of judiciary


when executive fails

Public Trust Doctrine


M.C. Mehta v. Kamal Nath and Others
W.P. (Civil) No. 182 1996
Environmental
Education

M.C. Mehta v. Union of India


W.P. (Civil) No. 860 1991
Aquaculture Case

S. Jagannathan v. Union of India

W.P. (Civil) No. 561 1994


Vehicular Pollution
Case

M.C. Mehta v. Union of India and Others


W.P. (Civil) No. 13029 1985
Forest Case
T.N. Godavarman Thirumulkpad
v. Union of India
W.P. (Civil) No. 202 of 1995
Other Landmark Cases

Oleum Gas Leak Case


M.C. Mehta v. Union of India and
Others (W.P. (Civil) No. 12739 of
1985)

Delhi Industries Case


M.C. Mehta v. Union of India and Others (W.P. (Civil) No. 4677 of 1985)

Children Languishing in Jails


M.C. Mehta v. Union of India and Others (W.P.
(Civil) No. 1501 of 1984)

Industries in Maharashtra and Gujarat


M.C. Mehta v. Union of India (W.P. (Civil) No. 12179 of 1985)
Other Landmark Cases

Vellore Tanneries Case


Vellore Citizens’ Welfare Forum v.
Union of India (W.P. (Civil) No. 914 of
1991)

Coastal Regulation Zone Case


ICELA v. Union of India and Others (W.P. (Civil)
No. 664 of 1993)
Doon Valley Case
Rural Litigation and
Entitlement Kendra v. State of
Uttar Pradesh 1988
Bichhri Groundwater Pollution Case
ICELA vs. Union of India and Others (W.P. (Civil) No. 967 of
1989)
Building a Foundation for Public
Interest Law in India
Right to a Healthy Environment
Strict and Absolute Liability Principle
Polluter Pays Principle
Precautionary Principle
Principle of Intergenerational Equity
Public Trust Doctrine
Exemplary Damages
Onus of Proof shifted to the Polluter
The role of the judiciary and lawyers
in the protection of the environment
through Public Interest Litigation

Challenges and
pressing issues
Thank you.

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