Abstract
An important actor in the urban reform agenda in India is the judiciary. In fact, through public interest litigation, the Supreme Court (SC) and the High Courts have received claims from citizens, directly related to city development. Although the basis of the claims in front of the SC was the violation of a fundamental right, the judiciary was able to step into sectors such as land use, transport as well as cross-cutting issues such as air pollution. The case law of the SC has been particularly important for the city capital, Delhi. Based on this example, this chapter shows how the SC, starting from the violation of the fundamental right to life, ended up making detailed policy and technological orders to local public authorities in order to tackle the problem of air pollution. It shows the outcomes of these orders and co-benefits. Finally, it discusses the limits and opportunities of this rights-based approach for city development.
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Notes
- 1.
Bandua Mukti Morcha v. Union of India, AIR 1984, S.C. 802.
- 2.
S.P. Gupta v. Union of India (1981) Supp SCC 87–233.
- 3.
Article 32 of the Constitution of India: ‘1. The right to move the SC by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed’.
- 4.
Francis Coralie Mullin v. Union Territory of Delhi 1981 (1) SCC 608.
- 5.
Olga Tellis v. Bombay Municipal Corporation AIR 1986 SC 180.
- 6.
Bandhua Mukti Morcha etc. v. Union of India and Others AIR 1984 SC 802.
- 7.
Consumer Education and Research Centre v. Union of India (1995)3 SCC 42.
- 8.
Paschim Banga Khet Mazdoor Samity and Others v. State of West Bengal 1996(4) SCC 37.
- 9.
Sybhash Kumar v State of Bihar AIR 1991 SC.
- 10.
Virendra Gaur and Others v State of Haryana 1995 (2) SCC 577. Several High Courts took decisions: D.D. Vyas v. Ghaziabad Development Authority AIR 1993 All 57; Allahabad High Court, Kerala High Court, Antony v. Commissioner, Corporation of Cochin (1) KLT 169.
- 11.
D.D. Vyas v. Ghaziabad Development Authority AIR 1993 All 57.
- 12.
There is also an important case law regarding the waste management sector (see Rajamani 2007).
- 13.
Updated UNFCCC reporting guidelines on annual inventories following incorporation of the provisions of decision 14/CP. 11, FCCC/SBSTA/2006/9. Available at: http://unfccc.int/documentation/documents/advanced_search/items/6911.php?priref=600003988#beg.
- 14.
M. C. Mehta v. Union of India, Petition N. 13381, 1984. This happened in different phases and ordered the closure and/or displacement of hazardous and heavy industries, water-polluting industries as well as non-conforming industries. Thousands of industrial units were concerned (Baviskar 2012).
- 15.
Government of India, Ministry of Environment and Forests, 1998 Constitution of the Environment Pollution (Prevention and Control) Authority of the NCR, Delhi. Available at: http://envfor.nic.in/legis/ncr/ncrauthority.pdf.
- 16.
- 17.
The SC applied some sanctions in the past for the non-enforcement of its orders. For instance, after the deadline for the conversion of all buses to CNG, the Court ordered private diesel buses to pay a fine of 500 Rupees per day (Rajamani 2007). It also chided the Delhi government on various occasions for non-enforcement of its orders on the closure and displacement of industrial activity (Baviskar 2012).
- 18.
Principle 10 Rio Declaration on Environment and Development: ‘Environmental issues are best handled with participation of all concerned citizens, at the relevant level. At the national level, each individual shall have appropriate access to information concerning the environment that is held by public authorities, including information on hazardous materials and activities in their communities, and the opportunity to participate in decision-making processes. States shall facilitate and encourage public awareness and participation by making information widely available. Effective access to judicial and administrative proceedings, including redress and remedy, shall be provided.’.
- 19.
M. C. Mehta v. Union of India and Others, SC, 28 July 1998 (written petition n. 13029, 1985).
- 20.
The National Green Tribunal (NGT) was established in 2010, on the basis of Article 21 of the Constitution. The National Green Tribunal (NGT) Act provides that it was established ‘for the effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto’. Its activity is expected to release the SC from the high number of PILs filed in front of it..
- 21.
NGT, application n. 21 of 2014, Vardhaman Kaushik v. Union of India and others, 4 December 2014, available at: http://www.greentribunal.gov.in/Writereaddata/Downloads/21-2014%28PB-I%29OA-4-12-2014_1v.pdf.
- 22.
- 23.
Draft Paris Agreement, 12 December 2015, FCCC/CP/2015/L.9/Rev.1 http://unfccc.int/files/meetings/paris_nov_2015/application/pdf/cop_auv_template_4b_new__1.pdf.
References
Baviskar, A. (2012). Public interest and private compromises: The politics of environmental negotiation in Delhi, India. In J. Eckert, B. Donahoe, C. Strumpell and Z. Ozlem Biner (Eds.), Law against the state, ethnographic forays into law’s transformations (pp. 171–201). Cambridge: Cambridge University Press.
Bhan, G. (2009). This is no longer the city I once knew: Evictions, the urban poor and the right to the city in millennial Delhi. Environment and Urbanization, 21(1), 127–142.
Cifuentes, L., Borja-Aburto, V. H., Gouveia, N., Thurston, G., & Davis, D. L. (2001). Hidden health benefits of greenhouse gas mitigation. Science, 293, 1257–1259.
CSE. (1996). Slow murder: The deadly story of vehicular pollution in India. State of the environment series. New Delhi: Centre for Science and Environment.
CSE India. (2014, 11 February). Supreme Court admits EPCA report on priority measures to control air pollution. http://www.cseindia.org/content/supreme-court-admits-epca-report-priority-measures-control-air-pollution. Accessed 23 Dec 2016.
EPCA. (2014). Report on priority measures to reduce air pollution and protect public health, in the matter of W.P. (C) No.13029 of 1985, http://cseindia.org/userfiles/EPCA_report.pdf. Accessed 23 Dec 2016.
Jonsson, U. (2004). A human rights-based approach to programming. New York: UNICEF.
Mitlin, D., & Patel, S. (2005). Re-interpreting the rights-based approach—A grassroots perspective on rights and development. Paper presented at the Winners and Losers from Rights-Based Approaches to Development, Manchester University, Manchester, UK, February 21–22, 2005. http://www.sed.man.ac.uk/research/events/conferences/documents/Winners%20and%20Losers%20Papers/Mitlin.pdf.
Moser, C., Norton, A., Conway, T., Ferguson, C., & Vizard, P. (2001). To claim our rights: Livelihood security, human rights and sustainable development. London: Overseas Development Institute.
Narain, U., & Ruth, G. B. (2005). Who changed Delhi’s air? The roles of the Court and the executive in environmental policy making, Discussion Paper. Washington, D.C: Resources for the Future.
Pandee, S., Singhal, S., Jaswal, P., & Guliani, M. (2006). Urban environment. In A. Rastogi (Ed.), India infrastructure report 2006—Urban Infrastructure. New Delhi: Oxford University Press.
Rajamani, L. (2007). Public interest environmental litigation in India: Exploring issues of access, participation, equity, effectiveness and sustainability. Journal of Environmental Law, 19(3), 293–321.
Rosencranz, A., & Jackson, M. (2003). The Delhi pollution case: The of India and the limits of judicial power. Columbia Environmental Law, 223–254.
Sharan, A. (2013). One air, two interventions: Delhi in the age of environment. In A. Rademacher and K. Sivaramakrishnan (Eds.), Ecologies of urbanism in India. Metropolitan civility and sustainability (pp. 71–90). Hong Kong: Hong Kong University Press.
Sharma, D., & Tomar, S. (2010). Mainstreaming climate change adaptation in Indian cities. Environment and Urbanization, 22(2), 451–465.
Siemiatycki, M. (2006). Message in a Metro: Building urban rail infrastructure and image in Delhi, India. International Journal of Urban and Regional Research, 30(2), 277–292.
WHO. (2014). Ambient (outdoor) air pollution in cities databases 2014. http://www.who.int/phe/health_topics/outdoorair/databases/cities/en/. Accessed 23 Dec 2016.
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Dreyfus, M. (2018). Rights-Based Approach to Realize Co-benefits in Delhi. In: Sethi, M., Puppim de Oliveira, J. (eds) Mainstreaming Climate Co-Benefits in Indian Cities. Exploring Urban Change in South Asia. Springer, Singapore. https://doi.org/10.1007/978-981-10-5816-5_14
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