Kerala, often referred to as "Gods Own Country," is renowned for its lush greenery, rivers, backwaters, and biodiversity. However, rapid urbanization, industrialization, and unsustainable development practices have brought significant environmental challenges. From deforestation and encroachments to pollution and waste management, Kerala faces numerous ecological issues. The judiciary, particularly the High Court of Kerala, has played a crucial role in addressing these challenges and ensuring environmental protection through its judgments and legal interventions.
Legal Framework for Environmental Protection
Constitutional Provisions
Article 21: The Right to Life, as interpreted by the Supreme Court of India, includes the right to a clean and healthy environment.
Article 48A: Directive Principles of State Policy mandates the state to protect and improve the environment and safeguard forests and wildlife.
Article 51A(g): Fundamental Duty of every citizen to protect the environment.
Key Environmental Laws
Environment Protection Act, 1986
Water (Prevention and Control of Pollution) Act, 1974
Air (Prevention and Control of Pollution) Act, 1981
Wildlife Protection Act, 1972
Forest Conservation Act, 1980
Judiciary as a Custodian of the Environment
Landmark Judgments by Kerala High Court
The Kerala High Court has set significant precedents in environmental jurisprudence. Below are some notable cases and interventions:
Silent Valley Case (1980s)
Issue: The proposed hydroelectric project threatened the Silent Valleys biodiversity.
Role of Judiciary: The High Courts initial interventions, coupled with public advocacy, pressured the government to abandon the project. This case highlighted the judiciarys proactive role in environmental preservation.
Maradu Flats Demolition Case (2019)
Issue: Illegal construction of luxury apartments in violation of Coastal Regulation Zone (CRZ) norms.
Verdict: The High Court and subsequently the Supreme Court ordered the demolition of the apartments. The judgment emphasized adherence to CRZ regulations to protect Keralas fragile coastal ecosystems.
Periyar River Pollution Case
Issue: Industrial and domestic waste discharge into the Periyar River.
Verdict: The High Court directed the Pollution Control Board to take strict measures against polluting industries. It reinforced the principle of polluter pays and underlined the necessity of river conservation.
Mullaperiyar Dam Case
Issue: Safety and environmental concerns surrounding the dams structural integrity.
Verdict: The judiciarys involvement ensured balanced decisions addressing both environmental concerns and interstate water-sharing disputes.
Public Interest Litigations (PILs)
Environmental activists and concerned citizens have frequently approached the Kerala High Court through PILs to address pressing ecological issues. The courts receptiveness to such cases underscores its commitment to environmental justice.
Waste Management Crisis
Several PILs addressed the lack of effective waste management systems, leading to judicial directives for better municipal waste handling and stricter compliance with waste disposal norms.
Western Ghats Conservation
PILs concerning deforestation and encroachment in the Western Ghats have led to stringent judicial orders to preserve the regions biodiversity.
Principles Enforced by the Judiciary
Polluter Pays Principle: Ensures accountability for environmental damage.
Precautionary Principle: Advocates preventive action in the face of environmental uncertainty.
Sustainable Development: Balances ecological preservation with economic growth.
Public Trust Doctrine: The state acts as a trustee of natural resources for public use and cannot allow their exploitation.
Role of the National Green Tribunal (NGT)
The NGT has also played a vital role in resolving environmental issues in Kerala. For instance:
Illegal Sand Mining: NGTs orders have curbed unauthorized sand mining from rivers.
Wetland Protection: The tribunals interventions have safeguarded Keralas wetlands from encroachment and degradation.
Flood Mitigation: Post the devastating floods of 2018, NGTs guidelines focused on sustainable development and disaster management.
Challenges in Judicial Intervention
Delay in Enforcement: Implementation of court orders often faces bureaucratic hurdles.
Conflicting Interests: Balancing developmental needs and environmental concerns is complex.
Awareness and Accessibility: Limited awareness among the public about environmental laws and judicial remedies.
Resource Constraints: Judicial and administrative bodies sometimes lack adequate resources to monitor compliance effectively.
Success Stories
Kochi Metro: The judiciary ensured the metro project adhered to environmental norms, minimizing ecological impact.
Mangrove Conservation: Court orders have led to the restoration and protection of mangrove ecosystems in coastal areas.