Vellore Citizens' Welfare Forum v. Union of India
The right to a clean environment is part of Article 21; the precautionary principle and polluter-pays principle are part of Indian law as facets of sustainable development.
Facts
An environmental organisation filed a PIL against untreated effluent discharged by tanneries in Tamil Nadu, which polluted agricultural land and drinking water. The petition sought enforcement of environmental laws and remediation of the harm caused to affected residents.
Issues
- Does the right to life under Article 21 include the right to a wholesome, pollution-free environment?
- Are the precautionary principle and polluter-pays principle part of Indian environmental law?
Arguments
The Forum argued that unchecked industrial pollution destroyed livelihoods and health, violating Article 21, and that polluters must bear remediation costs. The tanneries argued for the economic importance of the industry and employment generated, urging a balance against environmental concerns.
Held
Reading Article 21 together with the Directive Principles in Articles 47 and 48A, the fundamental duty in Article 51A(g) and environmental legislation, the Court held that a clean environment is integral to the right to life. It declared 'sustainable development' a constitutional principle balancing ecology and development, and held that the precautionary principle and the polluter-pays principle are essential features of Indian environmental law. The Court directed remedial measures and compensation, treating the polluter as liable to restore the despoiled environment.
Ratio decidendi
Article 21 guarantees the right to a healthy environment; the precautionary principle and polluter-pays principle are part of the law of the land as facets of sustainable development.
Significance
A foundational environmental-rights judgment that constitutionalised sustainable development and key international environmental principles via Article 21. Together with the Oleum Gas Leak (absolute liability) and MC Mehta v Kamal Nath (public trust doctrine) cases, it anchors India's environmental jurisprudence, though the book criticises the doctrinal vagueness of 'sustainable development'.
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