Growth of Environmentalism in India

1. Growth of Environmentalism in India

2. Right from mother’s womb one needs unpolluted air to breath, uncontaminated water to drink , nutritious food to eat and hygienic conditions to live in.

3. Provisions in Indian Constitution Relating to Environment protection • Right to life is a fundamental right U/Art. 21 • Art. 32 and Art. 226 provides right to constitutional remedies. • Art. 48 A directive principle • Art. 51 A fundamental duty • Art. 253 of the constitution

4. Bhopal Gas Tragedy • Many people died due to gas leakage from ucc • due to technicalities court was unable to do complete justice with • the victims of the leakage

5. Ratlam Municipal Council v Varadichand And L. K. koolwal v state of Rajasthan Court found ‘social justice ‘ element in environment protection Human rights are to be respected by the state regardless of budgetary provisions Duty to provide basic amenities can not be avoided by local self governing authorities. Right to information was recognised Difference between citizens and subjects was emphasised

6. M.C. Mehta v union of India AIR 1987 SC 965 • leakage from plant of shriram fertilizers ( New Delhi) • Court devised absolute liability principle • Polluter pays principle was adopted • Fine was imposed on the respondents • Right to environment was indirectly approved

7. M.C.Mehta v Union of India AIR 1980 SC 1622 • Ganga water pollution case • Directions to all educational institutions to teach lessons on environment protection • Central government shall get textbooks written on this • Special training shall be given to teachers. • Awareness programs shall be adopted

8. Rural Litigation Entitlement Kendra Deharadun v state of U.P AIR 1987 SC 395 • First case in which court held that right to wholesome environment is a fundamental right guaranteed U/Art. 21 of the constitution • Direction was issued to stop limestone quarrying in phased manner

9. Doctrine of sustainable development • Taj Trapezium case • Goa foundation v Kokan Railway Project • Tehari dam case • Industries in Delhi were closed down and were shifted to non residential area

10. Development of other principles • Doctrine of public trust development in M.C.Mehta v Kamalnath • Precautionary principle developed in Taj Trapezium case • Polluters pays principle developed in shriram fertilizers case • Freedom of trade and commerce was restricted reasonably on the ground of protection of wild life • Freedom of religion is not absolute and can be restricted for control of noise pollution

11. Vehicular pollution case • Directions to convert disel vehicles into CNG vehicles • Directions to supply pre mix 2T oil • Phasing out of old polluting vehicles ensuring that new vehicles meet Euro II standards • Directing lowering down of benzene content • Use of catalytic converters was made compulsory

12. Thank you all