Vellore Citizens Welfare Forum v. Union of India
Key Point:
The Supreme Court addressed pollution caused by tanneries in Tamil Nadu and implemented strict measures to protect the environment and affected communities.
What Happened:
The Vellore Citizens Welfare Forum filed a PIL highlighting the severe pollution caused by untreated effluents from tanneries in Tamil Nadu, contaminating the Palar River and affecting drinking water, agriculture, and soil quality. Surveys revealed extensive environmental and health damage.
Judgment:
- Directed the Central Government to establish an authority under the Environment Protection Act, 1986, applying the polluter pays principle and the precautionary principle.
- Imposed fines on polluting tanneries.
- Ordered the closure of non-compliant units.
- Mandated effluent treatment plants and environmental restoration.
- Formed a "Green Bench" in the Madras High Court for environmental matters.
Legal Concepts:
- Polluter Pays Principle: Polluters must bear the cost of pollution and remediate the damage.
- Precautionary Principle: Preventive measures should be taken to avoid environmental harm.
Narmada Bachao Andolan v. Union of India and Others
Key Point:
The Supreme Court balanced development and environmental concerns regarding the construction of the Sardar Sarovar Dam.
What Happened:
The construction of the Sardar Sarovar Dam raised concerns about environmental damage and displacement of people. Petitioners highlighted violations of Article 21 (Right to Life) and sought stricter adherence to environmental standards and rehabilitation measures.
Judgment:
- Allowed the dam’s construction up to 90 meters while ensuring compliance with environmental and rehabilitation guidelines.
- Mandated further approvals for height increases.
- Ensured strict adherence to rehabilitation measures for displaced persons.
- Ordered continued environmental monitoring.
Legal Concepts:
- Right to Life (Article 21): Recognizes the right to a clean environment and adequate rehabilitation.
- Precautionary Principle: Environmental safeguards must be strictly implemented before advancing with development projects.
Research Foundation for Science v. Union of India (2005)
Key Point:
The Supreme Court addressed the improper import of hazardous waste into India and emphasized strict compliance with environmental laws.
What Happened:
Large quantities of imported waste oil, misdeclared as furnace oil, were detained at Indian ports. Investigations revealed that the consignments violated the Environment (Protection) Act, 1986, and the Hazardous Wastes (Management and Handling) Rules, 1989. Testing confirmed the waste oil was hazardous and unsuitable for use.
Judgment:
- Ordered immediate destruction of 133 hazardous consignments through incineration under the supervision of a Monitoring Committee.
- Directed importers to bear the cost of destruction.
- Mandated further investigation into 170 unclaimed consignments for appropriate action.
- Stressed strict adherence to the precautionary principle to prevent hazardous imports.
Legal Concepts:
- Precautionary Principle: Ensures proactive measures to prevent environmental harm from hazardous materials.
- Polluter Pays Principle: Importers were held responsible for covering the cost of disposal and environmental remediation.
M.C. Mehta vs. Union of India (The Taj Trapezium Case)
Key Points:
- The Supreme Court aimed to protect the Taj Mahal from severe environmental damage caused by pollution from nearby industries.
- Key environmental principles such as the precautionary principle, polluter pays principle, and sustainable development were applied.
What Happened:
M.C. Mehta, an environmental lawyer, filed a PIL in 1985 to address the yellowing of the Taj Mahal caused by acid rain and air pollution. Hazardous industries, including chemical factories, brick kilns, and refineries, were identified as sources of sulfur dioxide emissions, damaging the Taj Mahal’s marble.
Judgment:
- Relocation of Industries:
292 polluting industries were ordered to switch to natural gas or relocate outside the Taj Trapezium Zone by December 31, 1997.
- Protection of Workers:
A "shifting bonus" was directed for workers of relocated industries, ensuring their livelihoods were protected.
- Comprehensive Environmental Plan:
The Central Government was directed to create a detailed plan for the long-term preservation of the Taj Mahal and its environment.
Legal Concepts:
- Precautionary Principle: Preventive measures must be taken to avoid environmental harm even if all risks are not fully understood.
- Polluter Pays Principle: Industries causing pollution were held financially accountable for restoration.
- Sustainable Development: Balancing industrial progress with environmental preservation.
Indian Council for Enviro-Legal Action vs. Union of India (1996)
Key Points:
- The Supreme Court addressed environmental damage caused by hazardous industries.
- It endorsed the polluter pays principle and stressed the need for effective enforcement of environmental laws.
What Happened:
The Indian Council for Enviro-Legal Action (NGO) filed a petition against industries causing severe pollution and violating environmental laws. The pollution resulted in environmental degradation and adverse health effects on local communities.
Judgment:
- Polluter Pays Principle:
Industries causing pollution were directed to bear the costs of environmental damage and compensation for affected communities.
- Strengthening Environmental Laws:
The Court recognized gaps in enforcement and directed stricter implementation of regulations.
- Compensation and Remediation:
Adequate compensation was ordered for affected communities. Comprehensive remediation plans were mandated to restore the environment.
Legal Concepts:
- Polluter Pays Principle: Polluters must take responsibility for the costs of environmental harm they cause.
- Right to a Clean Environment: Linked to Article 21 (Right to Life), ensuring a healthy and pollution-free environment for all.
Public Trust Doctrine in Environmental Law
Definition and Concept:
The Public Trust Doctrine is a legal principle establishing that certain natural resources like air, water, sea, and forests are held in trust by the state for public use. It ensures that these resources are protected and preserved for public benefit and not exploited for private or commercial purposes.
Key Features:
- Trust Relationship:
- The state holds the legal title to natural resources.
- The public has equitable ownership and rights over these resources.
- Safeguarding Natural Resources:
- Resources must be accessible to all, irrespective of socio-economic status.
- Exploitation for private or commercial gain is strictly restricted.
- Responsibility of the State: The state acts as a trustee and has the duty to protect and manage natural resources for the benefit of the public and future generations.
Origins:
• Traces back to Roman Law, as per Justinian I’s Institutes, declaring resources like air and running water common to mankind.
• Developed through English Common Law (Magna Carta and Blackstone’s Commentaries) and American Jurisprudence (e.g., Illinois Central Railway Co. v. Illinois).
Purpose:
- Public Use: Ensures natural resources are maintained for public enjoyment.
- Ecological Balance: Encourages sustainable development and ecological preservation.
- Legal Safeguard: Provides a mechanism for the public to challenge ineffective resource management.
Judicial Use of Public Trust Doctrine and Problems Associated
Judicial Use in India:
- Landmark Cases:
- M.C. Mehta v. Kamal Nath (1997):
The Supreme Court held rivers, forests, and other natural resources as national wealth and established the Public Trust Doctrine as part of Indian environmental law.
- M.I. Builders v. Radhey Shyam Sahu (1996):
Demolition of unauthorized construction on a historical park was ordered, preserving the park for public use.
- Mrs. Susetha v. State of Tamil Nadu (2006):
The Court emphasized preserving temple tanks for ecological and public benefits.
- M.C. Mehta v. Kamal Nath (1997):
- Role of Articles 48A and 51A:
- Article 48A: State's duty to protect the environment.
- Article 51A(g): Citizens' duty to protect the environment.
- Right to Life (Article 21): Includes the right to a healthy environment.
Problems Associated:
- Weak Enforcement: Authorities sometimes fail to implement the doctrine effectively.
- Conflict Between Development and Conservation: Balancing economic and ecological priorities is challenging.
- Corporate Influence: Privatization may favor private interests over environmental concerns.
- Ambiguity in Application: Inconsistent implementation across states.
- Public Awareness: Limited knowledge of the doctrine among citizens.
Solutions:
- Strengthen Legal Frameworks: Stricter laws and penalties for resource misuse.
- Public Participation: Engage citizens in environmental decision-making processes.
- Education and Awareness: Promote knowledge about the doctrine.
- Judicial Oversight: Ensure uniform application through active judicial intervention.
M.C. Mehta v. Kamal Nath (1997)
Key Point:
The Supreme Court applied the Public Trust Doctrine to hold the government and private parties accountable for environmental degradation caused by commercial activities on public land.
What Happened:
- Span Motels Pvt. Ltd. encroached on forest land near the Beas River, leased by the Himachal Pradesh Government, for commercial construction.
- Construction and earthmoving activities led to pollution and altered the river's natural course, causing severe environmental harm.
Judgment:
- The lease to Span Motels was quashed for violating the Public Trust Doctrine.
- The Motel was ordered to bear the cost of restitution for environmental damage.
- A boundary wall was mandated to protect the riverbank from further encroachment.
- The company was directed to ensure no untreated waste was discharged into the river.
- The Motel had to show why it should not pay a pollution fine under the Polluter Pays Principle.
Legal Concepts:
- Public Trust Doctrine: Natural resources like rivers and forests are held in trust by the government for public use and cannot be privatized or degraded.
- Polluter Pays Principle: Polluters are financially responsible for remedying the environmental damage they cause.
M.I. Builders v. Radhey Shyam Sahu (1996)
Key Point:
The Supreme Court enforced the Public Trust Doctrine to prevent the construction of a shopping complex on public land, ensuring the protection of a historic public park.
What Happened:
- A public park with historical significance was being replaced by a shopping complex.
- Citizens challenged the project, citing the environmental and cultural value of the park.
Judgment:
- The Supreme Court ordered a halt to construction and directed the restoration of the park.
- The government was held responsible for maintaining the park for public benefit under the Public Trust Doctrine.
- The court linked the doctrine to Article 21, emphasizing the right to a healthy environment.
Legal Concepts:
- Right to Life (Article 21): Includes the right to a clean and healthy environment.
- Public Trust Doctrine: Prevents the privatization of public resources vital for public welfare.
Mrs. Susetha v. State of Tamil Nadu (2006)
Key Point:
The Supreme Court upheld the Public Trust Doctrine by protecting a water body from encroachment.
What Happened:
- Encroachment on a natural water body for commercial development was challenged.
- The petition highlighted the environmental importance of preserving such resources for public use.
Judgment:
- The Supreme Court directed the protection of the water body, preventing any encroachment.
- The state was held accountable as a trustee of natural resources, tasked with ensuring their availability for public benefit.
Legal Concepts:
- Public Trust Doctrine: Mandates that natural resources are preserved for public use and safeguarded from exploitation.
- Sustainable Development: Balances development needs with environmental preservation for future generations.
Subhash Kumar v. State of Bihar & Others (1991)
- Key Point: The Supreme Court emphasized the right to pollution-free water and air under Article 21, but dismissed the petition as it was filed with personal motives.
- What Happened:
- The petitioner alleged pollution of the Bokaro River by slurry discharge from Tata Iron & Steel Co.
- The Court found the PIL was not genuinely for public interest but motivated by personal grievances over slurry collection rights.
- Judgment:
- The petition was dismissed as it lacked public interest and was motivated by personal gains.
- The petitioner was fined ₹5,000 for misusing the PIL process.
- The Court reaffirmed that the right to a clean environment is fundamental but must be invoked genuinely.
- Legal Concepts:
- Right to a Clean Environment: Integral to Article 21.
- Misuse of PIL: Courts discourage personal grievances under the guise of public interest.
Rural Litigation and Entitlement Kendra v. State of U.P. (1985)
- Key Point: The Supreme Court balanced environmental conservation with industrial development, prioritizing ecological preservation in the Doon Valley.
- What Happened:
- Extensive limestone mining in the Doon Valley caused severe environmental damage, including deforestation and water resource depletion.
- The Court examined environmental and socio-economic impacts through reports from committees.
- Judgment:
- Closure: Quarries causing significant environmental harm (Categories B and C) were ordered to close.
- Rehabilitation: Displaced workers were prioritized for employment in reclamation projects.
- Compliance: Other quarries were allowed to operate only if they adhered to environmental regulations.
- Legal Concepts:
- Environmental Conservation: Integral to the fundamental right to life.
- Sustainable Development: Activities should balance ecological preservation with economic needs.
- Judicial Oversight: Courts can enforce compliance with environmental laws.
Right to Environment: Judicial Recognition, Issues, and Challenges
Judicial Recognition
- Article 21: Recognized the right to a clean and healthy environment as part of the Right to Life.
- Important Cases:
- M.C. Mehta v. Union of India: Introduced absolute liability for hazardous industries.
- Vellore Citizens Welfare Forum v. Union of India: Established the polluter pays and precautionary principles.
- Dehradun Quarrying Case: Ordered closure of harmful mining to protect the ecosystem.
- Taj Trapezium Case: Directed industries to switch to eco-friendly fuels.
Issues
- Poor Enforcement: Laws exist, but their implementation is weak and slow.
- Delays in Justice: Overburdened courts result in prolonged cases.
- Lack of Expertise: Judges often lack technical knowledge of environmental science.
- Industrial Resistance: Industries challenge environmental orders in courts, delaying action.
Challenges
- Coordination: Multiple laws and agencies lead to confusion.
- Public Awareness: Lack of knowledge among citizens about environmental rights.
- Pollution Control Boards: Often underfunded and unable to enforce laws effectively.
- Judicial Infrastructure: Need for dedicated Environmental Courts with experts for faster resolutions.
Solutions
- Environmental Courts: Establish courts with judges and environmental experts at state and national levels.
- Education: Make environmental studies compulsory in schools and colleges.
- Simplified Laws: Create a unified framework for environmental protection.
- Public Awareness: Promote environmental campaigns and messages in regional languages.
Case Law Details
1. Animal Welfare Board of India v. A. Nagaraja & Ors.
- Key Point: The Supreme Court banned the use of bulls in entertainment activities like Jallikattu and bullock cart races, emphasizing animal rights.
- What Happened:
- The Animal Welfare Board challenged the use of bulls in Jallikattu and similar events, citing cruelty and violation of animal rights.
- The case focused on ensuring that animals were not subjected to pain and distress during these activities.
- Judgment:
- The Supreme Court banned Jallikattu and bullock cart races, stating they violated the Prevention of Cruelty to Animals Act, 1960.
- The Court directed the government and the Animal Welfare Board to protect the five freedoms of animals:
- Freedom from hunger and thirst.
- Freedom from discomfort.
- Freedom from pain, injury, and disease.
- Freedom from fear and distress.
- Freedom to express normal behavior.
- Legal Concepts:
- Animal Rights: Recognized as essential under Indian law, ensuring freedom from cruelty.
- Five Freedoms: A globally accepted framework for animal welfare.
2. Mohammed Salim v. State of Uttarakhand
- Key Point: The Uttarakhand High Court declared Ganga and Yamuna rivers as legal entities with rights, but the Supreme Court later overturned the decision.
- What Happened:
- Mohammed Salim filed a case against illegal construction along the Ganges.
- The High Court granted personhood to the Ganga and Yamuna rivers to protect their existence.
- Judgment:
- Supreme Court Overturned the High Court's Decision: It ruled that rivers cannot be treated as legal entities due to practical and legal challenges.
- Legal Concepts:
- Legal Personhood: Initially granted to rivers to safeguard their rights but later deemed unsustainable.
3. Lalit Miglani v. State of Uttarakhand
- Key Point: The Uttarakhand High Court expanded legal personhood to natural entities like glaciers, lakes, and forests, but this was reversed by the Supreme Court.
- What Happened:
- Lalit Miglani filed a petition highlighting pollution in the Ganga River.
- The High Court extended personhood to entities such as glaciers, rivers, meadows, and forests to strengthen their protection.
- Judgment:
- The Supreme Court overturned the High Court's ruling, stating natural entities cannot be given legal personhood due to difficulties in implementation.
- Legal Concepts:
- Environmental Protection: Efforts to ensure natural entities are safeguarded against harm.
- Legal Sustainability: Supreme Court emphasized the need for enforceable and practical rulings.
M.C. Mehta v. Union of India (Oleum Gas Leak Case)
Key Point
The Supreme Court established absolute liability for enterprises engaged in hazardous activities, setting a precedent for stricter accountability in environmental law.
What Happened
- In December 1985, oleum gas leaked from Shriram Food and Fertilizer Industries in Kirti Nagar, Delhi, causing harm to nearby residents and killing a lawyer.
- M.C. Mehta, a public interest attorney, filed a writ petition under Articles 21 and 32 seeking the plant's closure and compensation for victims.
Judgment
- Absolute Liability Principle: The Court held that industries engaged in hazardous activities bear absolute liability for any harm caused, irrespective of negligence or adherence to safety standards.
- Compensation: Directed compensation for victims through legal aid mechanisms.
- Public Interest Litigation: Recognized the role of public-spirited individuals in bringing environmental issues to court under Articles 32 and 226.
- Scope of Article 32: Expanded the power of the Court to address fundamental rights violations, including environmental harm.
Legal Concepts
- Absolute Liability: A stricter standard replacing strict liability, ensuring hazardous enterprises compensate victims without exceptions.
- Fundamental Right to Life (Article 21): Includes the right to a clean and safe environment.
- Public Interest Litigation: Allows socially conscious individuals to seek justice for collective environmental harm.
Significance
This landmark case reinforced the judiciary's proactive role in balancing industrial development with public safety and environmental conservation.
Case: Arjun Gopal v. Union of India (2018)
Key Point
Ban on harmful firecrackers and guidelines for regulating firecracker use to protect public health and the environment.
What Happened
The Supreme Court reviewed the environmental and health impacts of firecrackers, particularly air pollution during festivals like Diwali. Concerns were raised about pollution affecting people's Right to Life and health under Article 21 of the Constitution.
Judgment
- Ban on certain firecrackers: The court banned highly polluting firecrackers.
- Green crackers allowed: Only "green crackers," which are less harmful, could be manufactured and sold.
- Time restrictions: Firecrackers could be used only during a specific two-hour window on festivals like Diwali.
- Online sales banned: The sale of firecrackers through e-commerce platforms was prohibited.
- Emphasis on public health: The judgment prioritized the Right to Life (Article 21) over trade (Article 19(1)(g)) and religious practices (Article 25).
Legal Concepts
- Right to Life (Article 21): Protects a clean and healthy environment.
- Precautionary Principle: Preventative action to protect public health and the environment, even in cases of scientific uncertainty.
- Reasonable Restrictions: On trade and religious freedom in the interest of public health and safety.
Case: M.C. Mehta v. Union of India (2020)
Key Point
Directives to combat pollution caused by stubble burning and other sources in Delhi and the NCR region.
What Happened
The case addressed severe air pollution in Delhi and NCR, primarily due to stubble burning, vehicular emissions, construction dust, and industrial activities. Despite previous orders, pollution levels remained critical, violating citizens' Right to Life (Article 21).
Judgment
- Stubble burning control:
- Directed states like Punjab, Haryana, and Uttar Pradesh to provide machinery for stubble management (e.g., balers) to small and marginal farmers, free or at nominal costs.
- Ordered financial incentives for farmers who refrain from stubble burning.
- Hotspot management: Identified pollution hotspots and directed immediate remedial actions.
- Anti-smog measures: Directed the installation of smog towers, anti-smog guns, and adoption of advanced technologies like nano-coating and laser monitoring.
- Construction activity: Restricted construction and demolition activities during periods of severe pollution.
- Waste management: Mandated the removal of dumped waste and compliance with the Solid Waste Management Rules, 2016.
- Accountability: Warned state governments of potential compensation liabilities for citizens affected by pollution due to administrative negligence.
Legal Concepts
- Right to Life (Article 21): Includes the right to clean air and water.
- Polluter Pays Principle: Those responsible for pollution must bear the costs of mitigation and compensation.
- Public Trust Doctrine: The government holds natural resources in trust for public benefit and must prevent harm.
Case: M/S Pahwa Plastics Pvt Ltd v. Dastak NGO and Ors
Key Point
The case revolved around whether a manufacturing unit employing 8,000 workers should be shut down for operating without prior environmental clearance (EC), despite not causing pollution and complying with norms.
What Happened
- Background: Pahwa Plastics Pvt Ltd was operating manufacturing units in Haryana with necessary permissions (CTE and CTO). However, they had not obtained prior EC, a procedural requirement under the Environment Protection Act, 1986.
- NGO Petition: Dastak NGO filed a plea before the National Green Tribunal (NGT), which directed the closure of the units until EC was obtained.
- Supreme Court Appeal: The company appealed to the Supreme Court, challenging the NGT’s closure order.
Judgment
- The Supreme Court ruled that ex post facto environmental clearance (EC) is permissible under certain conditions where compliance with environmental norms exists.
- Recognizing that the units were non-polluting and in good faith with valid CTOs, the Court allowed operations to continue.
- Closure of the unit was deemed unreasonable given the procedural lapse was only a "technical irregularity."
- Heavy penalties for environmental non-compliance were upheld as a deterrent.
- The Court emphasized sustainable development, balancing environmental protection and economic contributions.
Legal Concepts
- Sustainable Development: Balancing economic growth with environmental conservation.
- Ex Post Facto EC: Such clearances are allowed in exceptional cases but must comply with environmental laws.
- Polluter Pays Principle: Heavy penalties should be imposed for actual pollution to ensure accountability and restoration of environmental damage.
Case: Church of God (Full Gospel) v. The Government of Tamil Nadu
Key Point
The case addressed noise pollution allegedly caused by a church and whether its regularization application could be denied based on unrelated judgments.
What Happened
- Background: The church faced allegations of exceeding noise levels and was directed to reduce loudspeaker noise. It applied for regularization of its premises under Tamil Nadu Town and Country Planning Act, but the application was rejected.
- Petition Filed: The rejection cited prior noise pollution cases against the church, which the church argued were irrelevant.
Judgment
- The Madras High Court ruled that the rejection of the application for regularization based on prior noise pollution cases was improper and indicated a lack of application of mind.
- Directed authorities to consider the regularization application solely on compliance with planning laws, not unrelated judgments.
- Emphasized adherence to the Noise Pollution (Regulation and Control) Rules, 2000, and other relevant regulations.
Legal Concepts
- Noise Pollution Rules: Strict adherence to regulations on permissible noise levels is mandatory for all establishments.
- Administrative Law: Decisions must be reasoned and relevant, avoiding arbitrary rejections based on unrelated issues.
Animal and Environmental Legal Defence Fund v. Union of India
Key Point
The Supreme Court addressed the balance between preserving tribal rights to livelihood and protecting the ecological integrity of the Pench National Park Tiger Reserve.
What Happened
- The Chief Wildlife Warden (CWW) granted 305 fishing permits to local tribals within Pench National Park, a designated tiger reserve and reserve forest.
- Tribals claimed fishing as a livelihood necessity, while petitioners argued the permits could harm the park’s ecology, impacting species such as crocodiles, turtles, and migratory birds.
- Petitioners raised concerns about the difficulty of monitoring the activities of so many permit holders within the protected area.
Judgment
The Court upheld the issuance of fishing permits but introduced stringent conditions to mitigate ecological damage:
- Permit holders must carry photo IDs at all times.
- Permits are non-transferable and non-heritable.
- Entry is restricted to designated highways leading to the reservoir.
- Daily records of entry and exit must be meticulously maintained.
- Lighting fires within the forest is strictly prohibited.
The judgment emphasized balancing tribal rights and environmental conservation, requiring close monitoring to ensure compliance with these conditions.
Legal Concepts
- Wildlife Protection Act, 1972: Section 19 mandates recognition of forest rights through a proclamation by the Collector.
- Sustainable Development: The Court stressed coexistence between tribal livelihoods and ecological preservation, adhering to sustainable development principles.
- Tribal Rights vs. Environmental Conservation: The decision highlighted the importance of securing livelihoods while imposing necessary conditions to protect biodiversity.
Landmark Biodiversity Law Cases
Divya Pharmacy v. Union of India (2018)
Key Point: Indian entities are liable to pay Fair and Equitable Benefit Sharing (FEBS) under the Biological Diversity Act, 2002.
What Happened:
- Divya Pharmacy received notices from the Uttarakhand Biodiversity Board demanding FEBS payments.
- Divya Pharmacy argued that FEBS applies only to foreign entities, not Indian ones.
Judgment:
- The High Court of Uttarakhand ruled that FEBS applies to both Indian and foreign entities.
- The Biodiversity Board is authorized to demand FEBS to ensure indigenous community rights are protected.
Legal Concept: The Biological Diversity Act, 2002, aligns with international treaties like the Nagoya Protocol, promoting equitable benefit-sharing from biodiversity resources.
Bio-Diversity Management Committee vs. Western Coalfields Ltd. and Ors
Key Point: Coal is not classified as a biological resource under the Biological Diversity Act, 2002.
What Happened:
- The Bio-Diversity Management Committee of Eklehara village filed a petition before the NGT, demanding 2% royalty from Western Coalfields Ltd. for coal mining.
- The petition claimed coal qualifies as a biological resource under the Act.
Judgment:
- The NGT ruled that coal is not a biological resource as defined under Section 2(c) of the Biological Diversity Act, 2002.
- The Act applies to genetic materials like plants, animals, and microorganisms, not fossil fuels.
Legal Concepts: The court distinguished biological resources from fossil fuels, clarifying that the Act regulates living genetic material and associated knowledge, not minerals or fossils.
This judgment helps define the scope of the Biological Diversity Act in resource classification disputes.
Landmark Biodiversity Law Cases
Divya Pharmacy v. Union of India (2018)
Key Point: Indian entities are liable to pay Fair and Equitable Benefit Sharing (FEBS) under the Biological Diversity Act, 2002.
What Happened:
- Divya Pharmacy received notices from the Uttarakhand Biodiversity Board demanding FEBS payments.
- Divya Pharmacy argued that FEBS applies only to foreign entities, not Indian ones.
Judgment:
- The High Court of Uttarakhand ruled that FEBS applies to both Indian and foreign entities.
- The Biodiversity Board is authorized to demand FEBS to ensure indigenous community rights are protected.
Legal Concept: The Biological Diversity Act, 2002, aligns with international treaties like the Nagoya Protocol, promoting equitable benefit-sharing from biodiversity resources.
Bio-Diversity Management Committee vs. Western Coalfields Ltd. and Ors
Key Point: Coal is not classified as a biological resource under the Biological Diversity Act, 2002.
What Happened:
- The Bio-Diversity Management Committee of Eklehara village filed a petition before the NGT, demanding 2% royalty from Western Coalfields Ltd. for coal mining.
- The petition claimed coal qualifies as a biological resource under the Act.
Judgment:
- The NGT ruled that coal is not a biological resource as defined under Section 2(c) of the Biological Diversity Act, 2002.
- The Act applies to genetic materials like plants, animals, and microorganisms, not fossil fuels.
Legal Concepts: The court distinguished biological resources from fossil fuels, clarifying that the Act regulates living genetic material and associated knowledge, not minerals or fossils.
This judgment helps define the scope of the Biological Diversity Act in resource classification disputes.
Climate Change Case: Ridhima Pandey v. Union of India
Key Point
A 9-year-old petitioner advocated for stronger climate action, highlighting the principles of intergenerational equity and India's obligations under the Paris Agreement.
What Happened
- Ridhima Pandey filed a petition urging the government to take comprehensive measures to combat climate change.
- Key demands included the creation of a national carbon budget, an emissions inventory, and stricter enforcement of climate policies.
- The petition underscored the disproportionate impact of climate change on children and future generations.
Judgment
- The National Green Tribunal (NGT) dismissed the petition in 2019.
- The tribunal noted that existing laws and policies already integrate climate considerations into environmental assessments.
Legal Concepts Highlighted
- Public Trust Doctrine: The government holds natural resources in trust for public use and is responsible for their protection.
- Intergenerational Equity: Ensures that future generations inherit a stable and healthy environment.
- Precautionary Principle: Advocates proactive measures to prevent environmental harm, even in the face of scientific uncertainty.
- Sustainable Development: Balances economic growth with environmental preservation and social equity.
Summary
This case underscored the importance of proactive climate measures and the role of youth in advocating for climate justice. While dismissed, it brought attention to intergenerational responsibilities and the gaps in current climate policies.
Popular & Recent Post
Comment
Nothing for now