Protest against Pollution
Context:
Public frustration with severe air pollution in Delhi. A group of citizens gathered at India Gate to demand immediate government action regarding deteriorating air quality. The protest was met with police intervention, leading to the detention of five individuals.
UPSC Relevance:
Fundamental Right
UPSC PYQ:
Q. India is home to lakhs of persons with disabilities. What are the benefits available to them under the law? (2011)
- Free schooling till the age of 18 years in government run schools.
- Preferential allotment of land for setting up business.
- Ramps in public buildings.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Article 21 in Constitution of India:
Subhash Kumar v. State of Bihar (1991), established that the right to life includes the right to a pollution-free environment to live with dignity.
- The interpretation and scope of Article 21 have evolved through various landmark judgments of the Supreme Court, expanding its ambit to include protection against torture, custodial violence, and the right to a clean and healthy environment.
Landmark Judgments:
| Case | Year | Key Contribution |
|---|---|---|
| Subhash Kumar vs State of Bihar | 1991 | First recognition that right to pollution-free air and water is part of Article 21. |
| M.C. Mehta cases (Series) | 1986– | Led to major environmental doctrines (Polluter Pays, Precautionary Principle), closure of polluting industries near Taj Mahal, Ganga pollution control. |
| Indian Council for Enviro-Legal Action vs Union of India | 1996 | Strengthened Polluter Pays principle — offenders liable to restore environment. |
| Vellore Citizens Welfare Forum vs Union of India | 1996 | Recognized Sustainable Development as a constitutional requirement. |
| A.P. Pollution Control Board vs Prof. M.V. Nayudu | 1999 | Emphasized need for scientific expertise in environmental adjudication. |
| T.N. Godavarman Case | 1995–ongoing | Expanded definition of forest, led to forest conservation framework and CAMPA fund. |
| M.C. Mehta vs Union of India (Vehicular Pollution Case) | 1998–2002 | Ordered introduction of CNG in Delhi buses and stricter vehicle emission norms. |
| Oleum Gas Leak Case (Delhi) | 1986 | Introduced Absolute Liability doctrine (stricter than strict liability). |
| Lafarge Umiam Mining Case | 2011 | Introduced Green Clearance Review and balancing development with environment. |
| Sterlite Copper Plant Closure Case (Tamil Nadu) | 2018 | Court upheld State’s decision to shut plant due to pollution affecting public health. |
| Delhi Firecrackers Case | 2020–23 | Court restricted sale of traditional crackers and promoted green crackers. |