IN RE: 2 MILLION LIVES AT RISK, CONTAMINATION IN JOJARI RIVER, RAJASTHAN
Discusses the interpretation of Article 21 and environmental jurisprudence, and the "Polluter Pays" principle.
Court: Supreme Court of India
Citation: 2025 INSC 1341
Decision Date: 21-11-2025
List of Laws
Constitution of India, 1949; The National Green Tribunal Act, 2010; Water (Prevention and Control of Pollution) Act, 1974; Code of Criminal Procedure, 1973; General Principles of Law
- Constitution of India, 1949: The judgment extensively discusses the right to life under Article 21, emphasizing its inclusion of the right to a pollution-free environment. It cites Subhash Kumar v. State of Bihar and Virender Gaur v. State of Haryana to support this interpretation. The judgment also refers to Articles 48A and 51A(g), stating they are not abstract exhortations but must be read harmoniously with Article 21. It cites M.C. Mehta v. Kamal Nath, holding that disturbance of basic environmental elements strikes at the heart of the right to life. The judgment affirms that environmental protection is a constitutional imperative, not merely an administrative choice.
- The National Green Tribunal Act, 2010: The judgment refers to Section 22 of the National Green Tribunal Act, 2010, noting that statutory appeals were filed in the Supreme Court against the National Green Tribunal's order. The judgment also mentions that allowing the stay on the National Green Tribunal's order would defeat the purpose of the statutory mechanism under this Act.
- Water (Prevention and Control of Pollution) Act, 1974: The judgment mentions that allowing the stay on the National Green Tribunal's order would undermine the statutory mechanism under this Act.
- Code of Criminal Procedure, 1973: The judgment refers to Section 133 of the Code of Criminal Procedure, 1973, stating that local administration should use this section against continuous public nuisance from effluents in congested areas.
- General Principles of Law: The judgment discusses the "Polluter Pays" principle, stating that environmental compensation shall be determined by Competent Statutory Regulators against violators on this principle. It also emphasizes the precautionary principle, sustainable development, and inter-generational equity as grounds for a coordinated and scientifically informed response to environmental injury.
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