A PIL TO PROTECT THE RIVERS IN THE KONGU REGION

Abstract

This Public Interest Litigation (PIL) addresses the severe and persistent pollution of the rivers in the Kongu region of Tamil Nadu, particularly the Noyyal River and the Bharani River. This is a critical issue that infringes upon the Fundamental Rights of over 27.4 million people residing in that region. This PIL was brought before the Hon’ble Supreme Court of India under Article 32 of the Constitution, arguing that the current multi-body, post-facto approach to environmental protection has been a catastrophic failure. The core problem discussed here is the lax enforcement of policies by the government bodies, such as the Tamil Nadu Pollution Control Board (TNPCB) and the Public Works Department (PWD). These bodies have failed in their duty to protect these water bodies. This failure directly violates the right to clean drinking water and to live in a clean and healthy environment, which is a part of the Fundamental Right to Life guaranteed under Article 21 of the Constitution.

This PIL put forth four main legal arguments to address these issues. First, it asserts that this PIL is maintainable before the Hon’ble Supreme Court as it satisfies all the necessary criteria for a PIL and the Petitioner has the locus standi to file this PIL petition in the Hon’ble Supreme Court. Second, it argues that the state’s role under the Public Trust Doctrine is not a passive one, limited to issuing “consent to operate” permits. Instead, the state as a trustee of natural resources, has an active role to protect rivers from pollution and such. Third, this PIL challenges the sufficiency of the “polluter pays” principle as it is currently implemented through post-facto fines. This system is flawed because large industries simply treat these fines as an operating cost or a cost of doing business, rather than an effective deterrent. As such this approach fails to hold them accountable for the true, long term and irreversible damage caused by pollution. This petition mandates a new and more robust model where these irresponsible industries would be required to contribute for the restoration of the environment they damaged and to make restoration a compulsory component of the penalty. Finally, this PIL proposes the creation of a single, dedicated and legally empowered authority with regulatory and enforcement powers as a novel remedy for the current and existing multi body system, which has consistently failed due to the lack of coordination. This PIL recommends the new authority to be tasked with implementing a comprehensive, integrated basin management plan for the entire river system, with a clear and unified mandate. This PIL also suggest that this new body to be structurally independent, with safeguard to protect it from external influence. This would ensure that the environment is safeguarded properly and thus assuring that the people get to live in a clean and healthy environment.