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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 3, 20242024-05-03T16:25:51+05:30 2024-05-03T16:25:51+05:30In: Political Science

Refer to two instances during which Indian Judiciary has played a positive role inprotecting the environment.

Give examples of two times when the Indian judiciary has contributed to environmental protection.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-03T16:26:07+05:30Added an answer on May 3, 2024 at 4:26 pm

      The Indian Judiciary has played a crucial role in protecting the environment through landmark judgments and interventions that have set important precedents for environmental conservation and sustainable development. Two notable instances are:

      1. M.C. Mehta vs. Union of India (1986): In this landmark case, commonly known as the "Oleum Gas Leak Case," the Supreme Court of India intervened to address the severe pollution caused by the release of oleum gas from the Shriram Food and Fertilizer plant in Delhi. The court's intervention led to the formulation of the "Absolute Liability" principle, which holds industries strictly liable for any environmental damage caused by hazardous activities, regardless of fault or negligence. This judgment established the legal framework for imposing liability on polluting industries and ensuring compensation for victims of environmental disasters, setting a precedent for environmental jurisprudence in India.

      2. Vellore Citizens Welfare Forum vs. Union of India (1996): In this case, the Supreme Court addressed pollution of the Vellore River in Tamil Nadu caused by tanneries and other industries discharging untreated effluents. The court issued directives to regulate industrial pollution and protect water bodies, emphasizing the polluter pays principle and the precautionary principle. The judgment mandated the installation of effluent treatment plants, enforcement of environmental standards, and establishment of monitoring mechanisms to prevent pollution and safeguard public health. This case underscored the judiciary's role in enforcing environmental laws, holding polluters accountable, and promoting sustainable industrial practices.

      These instances highlight the proactive role of the Indian Judiciary in safeguarding the environment, enforcing environmental laws, and promoting sustainable development. Through judicial activism and innovative legal interpretations, the judiciary has contributed significantly to environmental protection efforts, ensuring accountability, transparency, and compliance with environmental regulations by industries and government agencies alike.

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