Right to Clean Environment _M C Mehta vs UOI

Right to Clean Environment _M C Mehta vs UOI

Right to Clean Environment _M C Mehta vs UOI

Our earth is unique as it has a clean environment and it supports life and other planets don’t have an environment and hence no life . We have a Mix of exotic Flora and fauna that makes our earth beautiful. We have complex as well as a sensitive structure which has to strike a balance in order to maintain it.(Right to Clean Environment _M C Mehta vs UOI)

We, Human/ Man have a quintessential role to maintain this balance of Ecology and biosphere. In present time, this imbalance is alarmingly increasing due to upcoming modern technological society which is paving the threat to Right to life and personal liberty.

The natural environment is being replaced by Artificial or man-made ones which are building up in the environment and affecting the Flora and Fauna of the environment drastically  India is facing tremendous environmental degradation and pollution as compared to the Developed countries. Almost 53% of India s total Land area is under the Environmental threat. Environmental pollution which is paving such threat is majorly manmade and artificial

M C Mehta is a Public Interest Attorney  and Environment judicial activist who has worked for the Environment and public cause in India aggressively since 1984 and is a Padma Sri Award winner for the cause.

The Famous Case of MC Mehta vs Union Of India 1987[1], which brought the matter before the Apex court through a Public Interest Litigation[2], the Tanneries in  Jajmau, Kanpur which was polluting the Holy river Ganga. The Apex court here stated that the thought constitutional provisions in a place like Water (prevention and control of pollution act ) [3]and Environmental Protection Act, No safeguards were taken by the Government ( central and state ) to stop the public nuisance caused due to the Tanneries at the local. In these circumstances, the court was entitled to order the closures of the tanneries unless setting up of treatment plants was done.

Right to Clean Environment _M C Mehta vs UOI

PIL mentioned in the year MC Mehta vs Union Of India  1988[4]Although the state and central governments have imposed duties by legislation on such pollution issues but no stringent applicability was followed and it was restricted to papers only. The Municipalities under UP nagar mahapalika adhiniyam though passed but no proper action was taken in its perusal.

In this case the petitioner was a Environmental Judicial activist working for a cause and was not a native of riverside and was not entitled to move the petition for the provisions of Municipal adhiniyam.

He was the person who is interested in the lives of people who are using Ganga water. The nuisance caused due to this pollution was affecting the lives of a large number of people and so it is a Public nuisance (Section 268 IPC) and so anyone can take the cause for the community at large.

The Court took the steps to give directions to the Kanpur Nagar Palika to submit its proposals for steps taken for prevention and control of water pollution within the time frame of 6 months to the statutory board constituted under the water act.

It also directed the Maha Palika to remove all the dairies and relocate them to outside the city and make arrangements for the removal of waste from dairies so that waste does not impure the river, to lay sewerage tanks and pipes to the maximum, to make available for sanitation for the people, to ensure that dead bodies or half-burnt dead bodies are not thrown in the river and also to take action against the industries spreading pollution.

Appropriate license system to be introduced for the new industries ensuring adequate provisions for the treatment plants and trade outflows as waste from the factories.(Right to Clean Environment _M C Mehta vs UOI)

The directions applied to Mutadis Mutandis to all the Municipal corporations and Nagar Palika having jurisdiction over the areas where the Ganga basin or Ganga region.

Right to Clean Environment is a natural right as well as a Human right .

Article 21 of the Indian constitution provide to every person the Right to life and personal liberty which includes the Right to clean environment and safe environment. Everyone has the right to get pollution free water and Air in India as per article 21.

Our Constitution has given various constitutional remedies and provisions to protect our lives and provide a clean environment and a healthy environment.



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