Abstract:
M.C. Mehta, a pioneering environmental activist and lawyer in India, played a crucial role in addressing environmental degradation through public interest litigation. Notably, his landmark case, the Taj Trapezium Case, brought attention to the pollution affecting the Taj Mahal and surrounding historical monuments in the Taj Trapezium Zone (TTZ). The TTZ spans 10,400 square kilometers, encompassing 40 protected monuments, including the Taj Mahal, Agra Fort, and Fatehpur Sikri. Observing the marble of the Taj Mahal turning yellow due to industrial pollution, M.C. Mehta filed petitions in the Supreme Court of India, advocating for measures to safeguard this cultural treasure and the environment. The court’s intervention led to the closure of polluting industries and the establishment of stringent emission control measures in the region. The creation of the Taj Trapezium Zone Authority (TTZA) further ensured coordinated efforts for pollution control.
M.C. Mehta’s pioneering efforts set a precedent for using public interest litigation to promote environmental protection, inspiring the development of robust environmental laws and policies in India. His dedication continues to inspire a sustainable and ecologically balanced future for the nation, emphasizing the significance of preserving cultural heritage and harmonizing economic development with environmental conservation.
Introduction
Environmental consciousness has witnessed a significant surge in recent times, but its roots can be traced back to ancient civilizations. Ashoka, the Mauryan Emperor, issued edicts protecting wildlife, while Jainism and Buddhism promoted wildlife conservation through Ahimsa. Ancient texts like Atharva Veda and Prithvi Sukta emphasized environmental care. Despite early conservation efforts, modern environmental issues persisted due to trade, urbanization, deforestation, and hunting. Environmental laws and international principles like ‘sustainable development,’ ‘polluter pays,’ ‘precautionary,’ and ‘public trust’ now guide protection efforts.
In the Taj Trapezium Case in India, these principles played a crucial role in addressing environmental challenges. The ‘polluter pays’ principle held responsible parties accountable for harming the Taj Mahal. The ‘precautionary principle’ prevented further damage, and the ‘public trust doctrine’ emphasized responsible resource use. Combining historical wisdom and modern principles is vital for effective environmental conservation and the planet’s sustainability.
Sustainable development
Sustainable development, as a concept, emerged during the Cocoyoc Declaration in 1972 and gained significant support at the Stockholm Conference. The core idea of sustainable development is not to discourage development but to ensure that it takes place in a manner that considers and safeguards environmental factors and conditions. It seeks to strike a harmonious balance between development and environmental protection, recognizing the interconnectedness between human well-being and the health of the planet. In recent times, many global clothing brands have embraced the promotion of sustainable clothing. This initiative can be seen as a positive step towards environmental protection. By adopting sustainable practices in the fashion industry, these brands aim to minimize their environmental footprint. This could involve using eco-friendly materials, reducing water consumption, practicing ethical sourcing, and promoting recycling and upcycling of clothing items. Embracing sustainable clothing not only helps in safeguarding the environment but also raises awareness among consumers about the impact of their choices. It encourages responsible consumption and production patterns, which can ultimately lead to a more sustainable future.
Overall, sustainable development as a concept and its application in various sectors, including the fashion industry, plays a crucial role in addressing environmental challenges and promoting long-term well-being for both current and future generations. By considering environmental factors in development, we can strive towards a more resilient and ecologically balanced world.
Precautionary Principle
The Precautionary Principle is a significant guiding principle in environmental law and policy. According to this principle, when there is a perceived risk of environmental harm, the burden of proof lies with the party or individual intending to undertake an activity that might result in environmental damage. In other words, they are required to demonstrate that the proposed action is not likely to cause harm to the environment.
In cases like the Taj Trapezium Case and Vellore Citizens Welfare Forum v. Union of India, the Precautionary Principle was applied to assess potential environmental risks and to ensure that preventive measures were taken. This principle is designed to encourage responsible decision-making by encouraging individuals and organizations to anticipate and address potential environmental damage before proceeding with a project or activity.
In the case of A.P. Pollution Control Board v. Prof. M. V. Nayadu, the Supreme Court emphasized that adhering to the Precautionary Principle involves foreseeing potential environmental harm and taking appropriate measures to prevent or minimize it. It requires choosing the least environmentally harmful course of action when faced with uncertainty about the impacts of a particular project or activity.By applying the Precautionary Principle, environmental authorities and decision-makers can take a cautious approach when dealing with activities that may have uncertain or potential adverse environmental consequences. This helps in protecting the environment from irreversible damage and fosters sustainable development by encouraging environmentally responsible choices.
Polluter Pays principle
The Polluter Pays principle is a fundamental concept in environmental law and economics. It holds that the party responsible for causing environmental degradation or pollution should bear the costs associated with mitigating the damage and restoring the environment to its original state, as much as possible. This principle is typically applied after the environmental harm has occurred. It seeks to ensure that the polluter takes responsibility for their actions and compensates those affected by the pollution. The focus is on making the polluter financially liable for the harm they have caused, which serves as a deterrent against irresponsible actions and promotes environmental responsibility.
The Polluter Pays principle establishes a form of absolute liability, meaning the polluter cannot escape the responsibility to pay for the environmental damage, regardless of whether they intended to cause harm or not. It emphasizes the notion of internalizing environmental costs, ensuring that the expenses associated with pollution are borne by the responsible party rather than being externalized to society or future generations. By enforcing the Polluter Pays principle, environmental authorities and legal systems aim to hold individuals, companies, or organizations accountable for their actions and promote sustainable practices that consider the environmental impact of economic activities. This principle encourages a shift towards cleaner and more environmentally friendly practices, as it makes it financially disadvantageous for entities to pollute or degrade the environment.
Taj Trapezium Case – M.C. Mehta v. Union of India, AIR 1997 SC 734
Facts of Taj Trapezium Case
M.C. Mehta, a petitioner, filed a crucial petition before the Supreme Court of India to draw attention to the alarming damage caused to the Taj Mahal due to industrial pollutants emitted by chemical industries, foundries, and the Mathura Refinery. The deteriorating condition of this iconic monument prompted the petitioner to take legal action to protect and preserve it for future generations. The main pollutant of concern was sulphur dioxide emitted primarily by the Mathura Refinery and adjacent industries. When sulphur dioxide combined with oxygen and moisture in the atmosphere, it formed sulphuric acid, leading to the harmful phenomenon known as “acid rain.” The acid rain had a corrosive effect on the pristine white marble of the Taj Mahal, resulting in visible damage like yellowing of the marble and the development of brown and black spots.Given the Taj Mahal’s significance as one of the world’s most beautiful monuments and a UNESCO World Heritage Site, the petitioner argued that its degradation was a matter of national concern. The petition sought necessary measures and directions from the court to prevent further deterioration and protect the monument from the environmental harm caused by industrial pollution. To bolster the case, the petition was supported by expert reports, including the “Report on Environmental Impact of Mathura Refinery” published by the Indian Government in 1978. This report highlighted various sources of pollution in the Taj Trapezium Zone (TTZ), confirming the role of industrial emissions in the degradation of the Taj Mahal. Another pivotal report titled “Inventory and Assessment of Pollution Emission in and Around Agra-Mathura Region,” published by the Central Board for the Prevention and Control of Water Pollution, provided detailed statistics on pollution levels in the Agra-Mathura region. The report recommended measures such as closing down two thermal power stations and replacing coal with diesel in railway yards to achieve significant reductions in sulphur dioxide emissions. The evidence presented in the petition and the supporting reports underscored the urgent need for prompt and effective action to address industrial pollution in the TTZ and protect the Taj Mahal from further harm. As a result of M.C. Mehta’s relentless efforts and the court’s decisive interventions, measures were put in place to control pollution and safeguard not only the Taj Mahal but also other historical monuments in the region. The Taj Trapezium Case stands as a shining example of using legal action and environmental principles to protect India’s cultural and natural heritage and ensure sustainable development for future generations. Through this landmark case, the court demonstrated its commitment to preserving the country’s rich heritage and fostering environmental consciousness.
Order of Taj Trapezium Case
The Supreme Court of India responded to M.C. Mehta’s petition and addressed pollution in the Taj Trapezium Zone (TTZ) through several crucial directions:
1. Survey and Identification: Uttar Pradesh Pollution Control Board (UPPCB) conducted a survey of TTZ and identified over 500 polluting industries.
2. Notices and Anti-Pollution Measures: Notices were issued to identified industries, asking for their anti-pollution measures. UPPCB ensured compliance with pollution control measures.
3. Public Notice for Treatment Plants: UPPCB issued public notices to industries, instructing them to install anti-pollution treatment plants.
4. NEERI’s Recommendations: The National Environmental Engineering Research Institute (NEERI) provided recommendations to control emissions at Mathura Refinery, considered separately.
5. Relocation Efforts: Uttar Pradesh State Industrial Development Corporation identified areas outside TTZ for relocating industries to reduce pollution.
6. Consideration of Environmental Principles: The court took into account environmental principles like Polluter Pays, Precautionary, and Sustainable Development.
7. Relocation Scheme and Compliance: The court directed authorities to formulate a phased relocation scheme for industries and ensure compliance with environmental laws.
The court’s thorough approach showcased the significance of using judicial intervention for environmental issues and promoting sustainable development in India.
Judgement
In its efforts to strike a balance between environmental protection and economic development, the Supreme Court of India applied the principle of sustainable development in the Taj Trapezium Case. The court recognized the need to protect the environment while ensuring that the rights and benefits of workers in the affected industries were safeguarded during the relocation process.
As a result, around 292 industries were required to shift to natural gas to reduce their environmental impact. Those industries that failed to comply with this directive had to relocate outside the Taj Trapezium Zone (TTZ). Additionally, industries that continued to use coal or coke within the TTZ had to shut down operations. The court considered the employment rights of the workers in these industries and ensured that they were offered opportunities for continued employment in the relocated industries. The relocation period was considered as employment with full payment of wages, and a shifting bonus was also provided to support the affected workers.
The court relied heavily on various reports and expert opinions to understand the sources of pollution and the potential remedies. By applying the Polluter Pays Principle and the Precautionary Principle, the court emphasized that the polluters should be held liable for compensating the affected parties and should bear the cost of reversing the environmental damage caused. Throughout the case, the Supreme Court referred to Article 21 of the Indian Constitution, which guarantees the protection of life and personal liberty, as well as the directive principles of state policy and fundamental duties. The court recognized the importance of safeguarding the right to a healthy environment as an integral part of the right to life. The court also placed the onus of proof on the industries to demonstrate that their operations with coke or coal would not have any environmentally detrimental effects. However, it was established that emissions from industries using coke or coal in the TTZ were the primary sources of pollution, justifying the need for stricter measures to prevent further degradation. Overall, the judgment in the Taj Trapezium Case demonstrated the court’s commitment to protecting the environment and ensuring sustainable development while upholding the rights of workers and stakeholders involved in the industrial activities in the region.
Drawbacks of Taj Trapezium Case Judgement:
In the current era, there has been a notable surge in environmental consciousness, garnering significant media attention. While this newfound sensitivity towards nature is beneficial, it is crucial to recognize that environmental awareness is not a recent concept. It dates back to ancient times, as evident during the reign of Ashoka, the Mauryan Emperor, who issued edicts protecting certain wildlife species, and in the principles of Ahimsa found in Jainism and Buddhism, which promoted wildlife conservation. Ancient texts like Atharva Veda and Prithvi Sukta also emphasized avoiding environmental harm and caring for the Earth’s well-being. Despite these early conservation efforts, environmental degradation persisted due to expanding trade, urban development, deforestation, and recreational hunting. To address modern-day environmental issues, various environmental laws have been enacted in recent decades. Additionally, international bodies, organizations, and conferences have developed key principles, such as ‘sustainable development,’ ‘polluter pays principle,’ ‘precautionary principle,’ and ‘public trust doctrine.’ These principles guide environmental protection efforts and hold those accountable for environmental harm.
In the case of the Taj Trapezium in India, these principles played a crucial role in addressing and remedying the region’s environmental challenges. The ‘polluter pays principle’ held responsible parties accountable for the pollution harming the Taj Mahal, while the ‘precautionary principle’ helped prevent further damage. The ‘public trust doctrine’ emphasized public ownership of natural resources, ensuring their protection and responsible use. Overall, while contemporary environmental consciousness is encouraging, ancient civilizations also recognized the importance of preserving nature. To combat modern environmental issues effectively, a combination of historical wisdom and modern principles and laws is required to ensure the sustainability and well-being of our planet.
Conclusion
The Taj Trapezium Case’s landmark judgment played a crucial role in recognizing and addressing environmental damage to the Taj Mahal. The court’s intervention identified key causes of pollution, including industrial emissions, and shed light on broader environmental challenges in the region. The judgment demonstrated a proactive approach, considering principles like the Polluter Pays Principle and Sustainable Development, emphasizing responsible environmental management. It set a precedent for using public interest litigation to protect India’s cultural and natural heritage, showcasing the court’s commitment to environmental protection and sustainable development.
Key words: public interest litigation, Taj Trapezium Case, environmental degradation, pollution, Taj Mahal, Taj Trapezium Zone (TTZ), historical monuments, emission control measures, Supreme Court of India, Taj Trapezium Zone Authority (TTZA), environmental laws, cultural heritage, sustainable development, India.
References
- https://www.youthkiawaaz.com/2011/01/taj-mahal-environment-pollution/
- https://lawtimesjournal.in/m-c-mehta-v-union-of-india-1986-taj-trapezium-case-case-summary/
- https://lawsisto.com/legalnewsread/Nzg3NQ==/Taj-Trapezium-Case
- Environmental Law by Professor H.D. Pithawala.
[i] AIR 1997 SC 734
[ii] 1996 5 SCR 241
[iii] AIR 1999 SC 912
Name: Ankit prakash
Collage: Presidency university, Bangalore
Course: BBA LLB(4th year)
