The Jharkhand High Court has been at the forefront of dealing with environmental concerns in the state, employing its judicial powers to enforce environmental laws, punish violators, and ensure sustainable development. Through a series of path-breaking judgments and interventionist orders, the Court has emerged as a crusader of environmental rights and public health.
1. Judicial Control over Industrial Pollution
Observing issues of industrial pollution, the Jharkhand High Court has taken major steps towards ensuring compliance with the environment. In a case involving sponge iron plants in areas of Chowka and Chandil, for example, the Court heard complaints about such industries intruding upon environment standards and their effects on health and rights of villagers in surrounding areas. The Court’s decision emphasized the imperative for industries to adhere strictly to environmental regulations so as not to inflict harm to communities and to ecosystems.
2. Regulation of Environmental Clearances in Real Estate
The Court has also reiterated the need to acquire Environmental Clearances (EC) prior to initiating construction activity. In Confederation Of Real Estate Developers Association Of India v. Union Of India, the Court reiterated notices issued to builders who initiated construction without advance ECs, reiterating the necessity of environmental compliance in the real estate business.
3. Minimizing Noise Pollution
The Jharkhand High Court has also addressed issues related to noise pollution. In a Public Interest Litigation (PIL), the Court censured the state government for failing to provide district-wise details of measures taken to control sound pollution, especially during festivals. The Court provided a last opportunity to the government to furnish detailed statistics and emphasized following the rule pertaining to noise pollution firmly.
4. Control of Biomedical Waste Disposal
The Court has expressed alarm regarding the unlawful dumping of biomedical waste, especially in Ranchi. In a PIL, the Court ordered district commissioners to furnish compliance reports regarding biomedical waste disposal, emphasizing the gravity of the situation and the importance of proper waste disposal mechanisms in maintaining public health.
5. Accountability of Authorities
Where state governments have failed to enact environmental laws, the Court has never shied from condemning them. In a case of pollution of the Harmu River as a result of dumping of sewage, for instance, the Court blamed the Jharkhand State Pollution Control Board for inefficiency and deficiency in will to enact environmental protection law, and encouraged the Board to make constructive attempts towards preserving the environment.
6. Constitutional Mandate and Legal Provisions
The function of the Jharkhand High Court is based on the constitutional mandate as laid down in Article 48A, which requires the State to preserve and protect the environment, and Article 51A(g), which places an obligation on all citizens to save the natural environment. The Court has interpreted these provisions uniformly to protect environmental rights and ensure that development is not compromised at the expense of ecological balance.
7. Public Interest Litigations (PILs)
PILs have played the crucial role of bringing environmental issues into limelight. PILs have been adopted by citizens and organizations to invoke judicial intervention in matters from industrial pollution to dealing with refuse. The Court has dealt with such petitions ranging from giving orders to the authorities, setting up committees to inquire, and putting environmental norms into strict practice following them.
8. Coordination with Environmental Authorities
The Court has operated in collaboration with environmental institutions such as the State Level Environment Impact Assessment Authority (SEIAA) and the Jharkhand State Pollution Control Board to ensure that environmental permits are issued judiciously and industries adhere to environmental norms. Through imposing the orders of these institutions, the Court ensures the regulatory environment towards environmental protection.
9. Challenges and the Way Forward
In spite of the proactive role played by the Jharkhand High Court, there remains a challenge in implementing environmental law. Some of these challenges are an inadequacy in waste management facilities, lack of awareness among stakeholders, and resistance from industries as bottlenecks. Addressing these bottlenecks requires continuous monitoring, capacity building of the regulatory agencies, and cultivation of a culture of environmental responsibility among citizens and industries as well.
10. Conclusion
The Jharkhand High Court has functioned as a watchful protector of the environment, keeping the ecological issues in the foreground to the end that they do not take a backseat in the cause of development. In its orders and judgments, the Court has given priority to sustainable development, adherence to environmental legislations, and conservation of public health. Its activism is a case study of the role of courts intervening in cases concerning the environment, striking a balance between the imperatives of conservation of ecology and developmental imperatives.
What are the environmental issues in Jharkhand?
Jharkhand is also plagued with serious environmental problems, such as deforestation, land degradation, water shortage, and air pollution, spurred by increased urbanization and industrialization. The state’s heavy reliance on mineral resources, complemented by the effects of climate change, only adds to these problems.
What is the role of the Supreme Court in environmental protection of India?
In some instances, the Court advised developing country policies by the government. The Court has eliminated the locus standi role, widened the scope of Fundamental Rights and included nearly all environment rights in Article 21.
Which of the following environmentalist filled a case in the Supreme Court of India on the issue of environment pollution?
Early in 1984, public interest lawyer M.C. Mehta first went to the Taj Mahal. He noticed that the legendary monument’s marble had yellowed and was pitted due to contaminants emanating from local industries. This motivated Mehta to start his first environmental case in India’s Supreme Court.
