Landmark Case: MC Mehta v. Union of India 1986

The case arose from a leak of oleum gas from the Shriram Food and Fertilizer Plant in Delhi, which resulted in the hospitalization of a substantial number of people.

The Supreme Court of India took suo motu cognizance of the matter and treated it as a Public Interest Litigation (PIL). In its judgment in this case, the Supreme Court addressed several critical issues related to environmental protection, industrial pollution, and the right to a clean and safe environment. Some of the key outcomes and principles established in this case include:

1. The “Polluter Pays” Principle: The court held that the polluter (in this case, the factory) must bear the cost of preventing and cleaning up pollution.
2. Absolute Liability: The court introduced the concept of “absolute liability” in cases of hazardous activities. It held that enterprises engaged in hazardous activities are absolutely liable for any damage caused by their activities, regardless of whether they were negligent or not.
3. The Right to a Healthy Environment: The court recognized the right to a healthy environment as a fundamental right under Article 21 of the Indian Constitution, which guarantees the right to life.
4. Precautionary Principle: The judgment emphasized the importance of the precautionary principle in environmental matters. This means that if an action or policy has the potential to cause harm to the public or the environment, in the absence of scientific consensus, the burden of proof falls on those advocating the action or policy.
5. Public Trust Doctrine: The case reiterated the concept of the Public Trust Doctrine, emphasizing that the state is the trustee of all natural resources meant for public use and that it has a duty to protect and preserve these resources for the benefit of the people.

The MC Mehta case set important precedents in Indian environmental law and has been cited in numerous subsequent environmental cases. It reinforced the idea that environmental protection is a collective responsibility and that industries must operate in a manner that does not harm the environment or public health.