VELLORE CITIZENS’ WELFARE FORUM V. UNION OF INDIA AND OTHERS, AIR 1996 SC 2715
FACTS
The Vellore Citizens Welfare Forum filed a public interest litigation case against the large-scale pollution of soil and water caused by tanneries and other industries in the state of Tamil Nadu under Article 32 of the Constitution. According to the petitioner, the entire surface and sub-soil water of the river Palar had been polluted, resulting in the non-availability of potable water for the residents of the area. While the leather industry was very important in terms of generating revenue for the state and employment for thousands of workers, it was still generating great pollution.
ISSUES
The chemicals used in the leather industries include sodium chloride, lime, sodium sulphate, chlorium (sic) sulphate, fat, liquor, ammonia and sulphuric acid besides dyes which are used in large quantities resulting in dangerously enormous quantities of toxic effluents being let out in the open by the tanning industry. These effluents have spoiled the physico-chemical properties of the soil and have contaminated groundwater by percolation, rendering 350 wells out of a total of 467 used for drinking and irrigation purposes polluted. Women and children have to walk miles to get drinking water.
REFERRED CASE LAWS
Indian Council for Enviro-Legal Action v. Union of India: Once the activity carried on is hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss caused to any other person by his activity irrespective of the fact whether he took reasonable care while carrying on his activity. The rule is premised upon the very nature of the activity carried on. Consequently, the polluting industries are “absolutely liable to compensate for the harm caused by them to villagers in the affected area, to the soil and to the underground water and hence, they are bound to take all necessary measures to remove sludge and other pollutants lying in the affected areas.”
The Precautionary Principle and the Polluter Pays Principle have been accepted as part of the law of the land.
JUDGEMENT
Environmental principles, such as the polluter pays principle, the precautionary principle and the public trust doctrine have been adopted by the Court in its decision-making process for protecting the environment from further degradation and for improving it as well. These principles have been developed based on various international agreements and conferences aimed at controlling and preventing further environmental degradation
The precautionary principle, as applied by the Court in this case made it obligatory for every developer, industry and governmental agency to anticipate, prevent and attack the causes of environmental degradation.
The Court also observed that if there were any potential threats of serious and irreversible damage, the lack of scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation. Finally, it emphasised that the onus of proof would be on the actors or the industrialists to show that their actions were environmentally benign.
The Court also enunciated the doctrine of public trust, thereby making conservation obligatory on the part of the state. The doctrine extends to natural resources, such as rivers, forests, seashores, and air for the purpose of protecting the ecosystem and the state is supposed to act as a trustee of the natural resources and cannot, therefore, commit any breach of trust.
The Chief Justice of the Madras High Court was requested to constitute a special bench dedicated to environmental issues known as the ‘Green Bench’ to further monitor the orders of the Supreme Court. it would be open to the Bench to pass any appropriate order/orders keeping in view the directions issued by the Supreme Court.
Compensation: The authority shall compute the compensation under two heads namely, for reversing the ecology and for payment to individuals. A statement showing the total amount to be recovered, the names of the polluters from whom the amount is to be recovered, the amount to be recovered from each polluter, the persons to whom the compensation is to be paid and the amount payable to each of them shall be forwarded to the Collectors/District Magistrates of the area concerned.
COMMENTARY
In order to protect the environment, the precautionary approach shall be widely applied by states according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.