The French vessel ‘Sea Queen’ entered Indian territorial waters with 1000 tons of asbestos and other toxic materials to be dumped at Rann of Kutch in Gujarat, with a license issued by the Government of India. ‘Green Watch’, an environmental non-governmental organization, files a Public Interest Litigation petition before the Supreme Court against the issuance of the license. Decide
TheSayeed Answered question March 15, 2024
Facts of the Case:
- The French vessel ‘Sea Queen’ intends to dump 1000 tons of asbestos and other toxic materials in the Rann of Kutch, Gujarat.
- The Government of India issued a license permitting this dumping activity.
Issue in the Case:
- Whether ‘Green Watch’ can successfully file a Public Interest Litigation petition against the issuance of the license for dumping toxic materials in Indian territorial waters.
Principle:
- Public Interest Litigation (PIL) allows citizens or organizations to raise issues of public concern, particularly related to environmental protection and public health, before the courts.
- Courts have the authority to intervene and issue directions to safeguard the environment and public health.
- Environmental laws and regulations often require environmental impact assessments before granting permits for activities with potential environmental impacts.
- Violation of environmental laws and regulations, including permissions for activities such as waste disposal, can be challenged through PIL petitions.
Judgment:
- ‘Green Watch’, the environmental non-governmental organization, can successfully file a Public Interest Litigation petition before the Supreme Court against the issuance of the license.
- The proposed dumping of 1000 tons of asbestos and other toxic materials in the Rann of Kutch raises serious environmental concerns and potential risks to public health.
- The Supreme Court has previously intervened in cases of environmental degradation and violations of environmental laws, issuing directions to protect natural resources and public health.
- In cases where licenses or permits are issued without proper environmental impact assessments or in violation of environmental regulations, the courts have the authority to intervene and annul such permissions.
- The Supreme Court may direct the Government to conduct a thorough environmental impact assessment and reconsider the issuance of the license for dumping toxic materials in Indian territorial waters, ensuring compliance with environmental laws and protection of the environment and public health.
TheSayeed Answered question March 15, 2024