VELLORE CITIZENS WELFARE FORUM VS UNION OF INDIA : CASE SUMMARY

The Supreme Court in Vellore Citizens Welfare Forum Vs Union of India & Ors  (1996 ) 5 SCR 241 held that “precautionary principle” and “polluter pays principle” are part of environment law of the land.

FACTS OF THE CASE

Vellore Citizens Welfare Forum filed Writ Petition under Article 32 of the Constitution against pollution caused by various tanneries and other industries in Tamil Nadu. It was submitted before Court that untreated effluent was being drained on roadside, agricultural land and water ways causing degradation of soil. These effluents were also being discharged into river Palar causing water to be polluted and non-portable.

Various reports and affidavits were filed before the Supreme Court showing damage to soil and acute portable water shortage caused by these tanneries.

FINDINGS OF THE SUPREME COURT

The Supreme Court noted that leather industry has become major foreign exchange earner and employment generating industry but it does not give these industries right to degrade environment, destroy the ecology or pose as a health hazard.

The Supreme Court observed that development and ecology are not opposed to each other. Sustainable development is answer to this problem. The Court noted various international developments on aspect of sustainable development and noted that “Precautionary Principle” and “Polluter Pays”  principles are essential features of  sustainable development.

“Precautionary principles” mean environmental measures taken by Governments and Statutory authorities. Lack of scientific certainty should not be reason for postponing measures to prevent environmental degradation. The onus of proof is on the developer that his actions is environmentally benign.

The Supreme Court noted that Polluter Pays principle has been held to be sound principle in Indian Council for Enviro- Legal Action Vs. Union of India 1996 AIR 1445. Once activity carried on is proved to be hazardous or inherently dangerous, the person carrying on such activity is liable to make good the loss caused to affected persons. Polluting industries are absolutely liable to compensate for harm caused to villagers in the affected area, to the soil and to the ground water. Polluter pays principle means absolute liability to pay the victims of pollution as well as incur the cost of restoring the environmental degradation.

The Supreme Court in light of Article 21, Article 47, Article 48A and 51 A (g) held that precautionary principle and polluter pays principle is part of environmental law of the country.

The Supreme Court noted that  even otherwise these principles being part of international customary law can be accepted as domestic law. It is almost accepted proposition of law that the rule of Customary International Law, which are not customary to the municipal law,  shall be deemed to have been incorporated in the domestic law and shall be followed by the Courts of Law.

The Supreme Court directed the Central Government to create an authority under Environment Protection Act, 1986 to deal with situation created by tanneries. It also directed that such authority will implement “precautionary principles” and “polluter pays” principles.

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