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M C Mehta

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 20-Oct-2023

Who is M C Mehta?

Shri Mahesh Chandra Mehta is a renowned Indian environmental lawyer and activist whose tireless efforts have significantly impacted environmental jurisprudence in India. He was born on 12th December 1946, in Rajouri, Jammu & Kashmir. M C Mehta devoted his legal career to the protection of the environment and his participation in several landmark cases has shaped the environmental landscape of the country. He is also known as the Green Avenger of India. He completed his Post Graduation in Political Science and Law from Jammu University and started his practice at J & K High Court.

What is the Journey of M C Mehta as an Environmentalist?

  • M C Mehta's journey into environmental activism began in the early 1980s when he filed a Public Interest Litigation (PIL) in the Supreme Court regarding the pollution of the Ganges River.
  • His approach to environmental litigation is the use of PILs, a legal mechanism that allows any citizen to file a case in the public interest.
  • Through PILs, he has been able to bring attention to various environmental issues and hold authorities accountable for their actions or inaction.
  • His use of the legal system as a tool for social and environmental justice has set a precedent for public interest litigation in India.
  • However, his work has not been without challenges.
    • Environmental litigation in India often involves confronting powerful industrial interests, bureaucratic hurdles, and systemic issues.
    • He faced criticism and even threats for his persistent efforts to hold polluters accountable.

What are the Notable Cases of M C Mehta?

  • M C Mehta v. Union of India (1986):
    • The case is also known as oleum gas leak case.
    • M C Mehta filed a case in the SC regarding the leakage of oleum gas from the Shriram Food and Fertilizer Industry in Delhi.
    • This case led to the development of the concept of "absolute liability" in environmental law, making industries responsible for any harm caused by their operations, regardless of negligence.
  • M C Mehta v. Union of India (1988):
    • M C Mehta filed a case to address the pollution of the Ganga River due to industrial and sewage discharges.
    • The court issued several directives to control pollution and improve the quality of the Ganga, emphasizing the cultural and religious significance of the river.
    • The court also observed that “The practice of throwing corpses and semi-burnt corpses into the river Ganga should be immediately brought to an end”.
  • M C Mehta v. Union of India (1996):
    • This is also known as Taj Trapezium Case.
    • This case focused on the environmental degradation and pollution in and around the Taj Mahal in Agra, India.
    • The SC issued various directions to control air pollution and industrial activities in the Taj Trapezium Zone, with the aim of preserving the iconic monument including closing of all emporia and shops functioning within the Taj premises along with giving rights to workmen.
  • M C Mehta v. Union of India (1992):
    • It is also known as the Stone Crushing Units Case.
    • M C Mehta filed a case regarding the operation of stone crushing units in Haryana.
    • The court directed the closure of the stone crushers operating in violation of environmental norms and imposed strict regulations to control air and water pollution caused by these units
  • M.C. Mehta v. State of Tamil Nadu And Others (1996):
    • It is also known as the Child Labour Case.
    • The SC constituted a committee to oversee the child labor in match factories along with other hazardous factories.
    • The committee gave several recommendations to prevent fatal accidents due to child labor.
    • The committee recommended that the State of Tamil Nadu should be directed to ensure that children are not employed in fireworks factories.
    • The committee also recommended 6 hours of working, child employment in only packing work, facilities for recreation, socialization and education, insurance etc.
  • M.C. Mehta v. Kamal Nath & Ors (2002):
    • The Principle of Exemplary damages was first applied in this case by the SC.
    • The court held that the court would impose exemplary damages other than the damages one is liable to pay for polluting the environment so that it may act as a deterrent for others not to cause pollution in any manner.
    • The court also applied “polluter pays principle” to compensate not only the victims but also the cost of restoring the environmental degradation and so that damaged ecology can be reversed.
    • SC recognized the importance of the Public Trust Doctrine in environmental matters.
      • The court held that the state, as a trustee of natural resources, is obligated to protect and preserve these resources for the benefit of the public.
  • M C Mehta v. Union of India (2002):
    • It is also known as the Delhi Vehicular Pollution Case (1998).
    • This case was filed to address the rising problem of vehicular pollution in Delhi.
    • The SC issued directives to regulate vehicular emissions, promote the use of compressed natural gas (CNG), and improve public transportation to reduce air pollution in the capital.