M C MEHTA Vs. UNION OF INDIA

JUDGEMENT

(1.) This application is in public interest and has been filed by a practising advocate of this Court who has consistently been taking interest in matters relating to environment and pollution. The reliefs claimed in this application under Art. 32 of the Constitution are for issuing appropriate directions to cinema exhibition halls to exbit slides containing information and messages on environment free of cost; directions for spread of information relating to environment in national and regional languages and for broadcast thereof on the All India Radio and exposure thereof on the television in regular and short term programmes with a view to educating the people of India about their social obligation in the matter of the upkeep of the environment in proper shape and making them alive to their obligation not to act as polluting agencies or factors. There is also a prayer that environment should be made a compulsory subject in schools and colleges in a graded system so that there would be a general growth of awareness. We had issued notice to the Union of India on the petition and the Central Government has immediately responded.

(2.) Until 1972, general awareness of mankind to the importance of environment for the well being of mankind had not been appropriately appreciated though over the years for more than a century there was a growing realisation that mankind had to live in tune with nature if life was to be peaceful, happy and satisfied. In the name of scientific development, man started distancing himself from Nature and even developed an urge to conquer nature. Our ancestors had known that nature Was not subduable and, therefore, had made it an obligation for man to surrender to nature and live in tune with it. Our Constitution underwent an amendment in 1976 by incorporating an Art. (5 1 A) with the heading "Fundamental Duties". Cl. (g) thereof requires every citizen to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures. Soon after the international conference on environment the Water Pollution Control Act of 1974 came on the statute book; the Air Pollution Control Act came in 1981 and finally came the Environment Protection Act of 1986.

(3.) Law is a regulator of human conduct as the professors of jurisprudence say, but no law can indeed effectively work unless there is an element of acceptance by the people in society. No law works out smoothly unless the interaction is voluntary. In order that human conduct may be in accordance with the prescription of law it is necessary that there should be appropriate awareness about what the law requires and there is an element of acceptance that the requirement of law is grounded upon a philosophy which should be followed. This would be possible only when steps are taken in an adequate measure to make people, aware of the indispensable necessity of their conduct being oriented in accordance with the requirements of law.