PETITIONER:
M.C. MEHTA
Vs.
RESPONDENT:
UNION OF INDIA AND ORS.
DATE OF JUDGMENT22/11/1991
BENCH:
MISRA, RANGNATH (CJ)
BENCH:
MISRA, RANGNATH (CJ)
RAY, G.N. (J)
ANAND, A.S. (J)
CITATION:
1992 AIR 382 1991 SCR Supl. (2) 378
1992 SCC (1) 358 JT 1991 (4) 531
1991 SCALE (2)1181
ACT:
Environment Pollution Act: Public Interest
Litigation–Protection of environment and keeping it free
from pollution–Indispensable necessity for life on
earth–Directions given to exhibit Cinema slides, films on
various aspects of environment and pollution–Awareness of
environment to be taught as compulsory subject.
HEADNOTE:
This application is in public interest seeking relief
for issuing appropriate directions of this Court to Cinema,
exhibition hails to exhibit slides containing information
and messages on environment free of cost. Further directions
for spread of information relating to environment in nation-
al and regional languages vide broadcast thereof on the All
India Radio, exposure thereof on 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. It is further prayed 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.
Till 1972 general awareness of mankind to the environ-
ment for the well being of mankind had not been appropriate-
ly appreciated. In 1975 the Constitution underwent an amend-
ment by incorporating an Article 51A with the heading
“Fundamental Duties” Clause (g) thereof requires every
citizen to protect and improve the natural environment
including forests, lakes, rivers and wild life and to have
compassion for every living creature. In 1974 Water Pollu-
tion Central Act came on the statues book. In 1981 Air
Pollution (Central Act) and finally in 1986 the Environment
Protection Act were enacted.
Law is a regulator of human conduct but no law can
indeed effectively work unless there is an element of ac-
ceptance by the people in society.
379
There has been an explosion of human population, over
the last 50 years. Life has become competitive so the age
old norms of good living are no longer followed. It has
therefore, become necessary that people be made aware of
vice of pollution and its level of consequenceS. Keepingg
the citizen informed is an obligation of the Government as
well as the responsibility of society to adequately educate
every component of it so that social level is kept up.
Disposing of the matter, the Court,
HELD The principle on which the praayer is made is
accepted and the following directions are issued
1. That the Cenaral Governmeent, the State Government
and Union Tcrritories should invariably enforce as a condi-
tion of license of all cinema halls, touring Cinemas and
video parlours to exhibit. free of cost at feast two
slidcs/messages on environment in each show undertaken by
them. The Ministry of Environment should within two months
from. now come out with appropriate slide material on var-
ious aspect of environment and pollution. This material
should be circulated to the collectors who arc the licensing
authori ties for compliance without any further directions
and failure to comply with the Court order should be treated
as a ground for. cancellation of the licence by the appro-
priate authorities. [382 A-C]
2. The Ministry of Information and Broadcasting of the
Government of India should without delay start pronouncing
information films of short duration on various aspects of
environment and pollution bringing out the benefits for
society on the environment protection and hazardous involved
in environment pollution. [382 D]
3. The national network, the State Door Darshan Cen-
tres, All India Radio, Television should take proper steps
to exhibit such films and interesting programmes on the
subject. There should be regular compliance of these direc-
tions be followed from February 1, 1992. [382 G-H]
4. The principle that through the medium of educational
awareness of the environment and its pollution problems
should be taught as a compulsory subject at every level of
education. University Grants Commission should prescribe a
course on environment in a graded manner as a compulsory
subject in college education. The compliance of this re-
quirement be done in the next academic year. [383 A-C]
380
Since there is a general acceptance throughout the
world as also in our country that protection of environment
keeping free of pollution is an indispensable necessity of
life to survive on earth so everyone must turn his immediate
attention to the proper care to sustain environment in a
decent way.
JUDGMENT:
ORIGINAL JURISDICTION: Writ Petition (Civil) No. 860 of
1991.
(Under Article 32 of the Constitution of India).
Petitioner in person
G. Ramaswamy, Altar Ahmad, Anil Katiyar, A.M. Khanwilkar
and M.P. Sarawala for the Respondents.
The following Order of the Court was delivered:
This application is in public interest and has been
filed by a practising advocate of this Court who has
consistently been taking interestin matters relating to
environment and pollution. The reliefs claimed in
this application under Article 32 of the Constitution are
for issuing appropriate directions to cinema exhibition
halls to exhibit slides containing information and messages
on environment free of cost: directions for spread of infor-
mation 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
up the environment in proper shape and making them alive to
their obligation not to act as polluting agencies or fac-
tors.” 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.
Until 1972, general awareness of mankind to the impor-
tance 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
381
1976 by incorporating an article (51A) with the heading
“Fundamental Duties”. Clause (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 internation-
al 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.
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 ,nay be m 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 fol-
lowed. This would be possible only when steps are taken in
an adequate measure to make people aware of the indispens-
able necessity of their conduct being oriented in accordance
with the requirements of law.
There has been an explosion of human population over the
last 50 years. Life has become competitive. Sense of ideal-
ism in the living process has systematically eroded. As a
consequence of this the age old norms-of good living are no
longer followed. The anxiety to do good to the
needy or for the society in general has died out, today
oblivious of the repercussions of one’s actions on society,
everyone is prepared to do whatever is easy and convenient
for his own purpose. In this backdrop if the laws are to be
enforced and the malaise of pollution has to be kept
under control and the environment has to be protected in an
unpolluted state it is necessary that people are aware of
the vice of pollution and its evil consequences.
We are in a democratic polity where dissemination of
information is the foundation of the system. Keeping the
citizens informed is an obligation of the Government. It is
equally the responsibility of society to adequately educate
every component of it so that the social level is kept up.
We therefore, accept on principle the prayers made by the
petitioner. We are happy to find that the learned Attorney
General who appeare for the Union of India has also appreci-
ated the stand of the petitioner and has even cooperated to
work out the procedure by which some of the prayers could be
granted.
We dispose of this writ petition with the following direc-
tions
382
(1) Respondents 1, 2, & 3 shall issue appropriate direc-
tions to the State Governments and Union Territories to
invariably enforce as a condition of license of all cinema
hails, touring cinemas and video parlours to exhibit free of
cost atleast two slides/messages on environment in each show
undertaken by them. The Ministry of Environmental should
within two months from now come out with appropriate slide
material which would be brief out efficiently carry the
message home on various aspects of environment and pollu-
tion. This material should be circulated directly to the
Collectors who are the licensing authorities for the cinema
exhibition halls under the respective slate laws for compli-
ance without any further direction and helping the cinema
halls and video parlours to comply with the requirements of
our order. Failure to comply with our order should be treat-
ed as a ground for cancellation of the licence by the appro-
priate authorities. The material for the slides should be
such that it would
at once be impressive, striking and leave as impact on
every one who sees the slide.
(2) The Ministry of Information and Broadcasting of the
Government of India should without delay start producing
information films of short duration as is being done now on
various aspects of environment and pollution bringing out
the benefits for society on the environment being protected
and the hazards involved in the environment being polluted.
Mind catching aspects should be made the central theme of
such short films. One such film should be shown, as far as
practicable. in one show every day by the cinema hails and
the Central Government and the State Government are directed
to ensure compliance of this condition from February 1,
1992.
(3) Realising the importance of the matter of environ-
ment and the necessity of protecting it in an unpolluted for
as we had suggested to learned Attorney General to have a
dialogue with the Ministry of Information and Broadcasting
as to the manner the All India Radio and Doordarshan can
assist this process of education. We are happy to indicate
that, learned Attorney General has told us that five to
seven minutes can be devoted every day and there could be,
once a week, a longer programme. We do not want to project
an impression that we are authorities on the subject, but we
would suggest to the programme controlling authorities of
the Doordarshan and the All India Radio to take proper steps
to make interesting programmes and broadcast the same on the
radio and exhibit the same on the television. The national
network as also the State Doordarshan Centres should immedi-
ately take steps to implement this direction so that from
February 1, 1992, regular compliance can be made.
383
(4) We accept on principle that through the medium of
education awareness of the environment and its problems
related to pollution should be taught as a compulsory sub-
ject. Learned Attorney General pointed out to us that the
Central Government is associated with education at the
higher levels and the University Grants Commission can
monitor only the under graduate and post graduate studies.
The rest of it, according to him, is a State subject. He has
agreed that the University Grants Commission will take
appropriate steps immediately to give effect to what we have
said, i.e., requiring the Universities to prescribe a course
on environment. They would consider the feasibility of
making this a compulsory subject at every level in college
education. So for as education up to the college level is
concerned, we would require every State Government and every
Education Board connected with education up to the matricu-
lation or stage even intermediate colleges to immediately
take steps to enforce compulsory education on environment in
a graded way. this should be so done that in the next aca-
demic year there would be compliance of this requirement.
We have not considered it necessary to hear the State
Governments and the other interested groups as by now there
is a general acceptance through out the world as also in our
country that protection of environment and keeping it free
of pollution is an indispensable necessity for life to
survive on earth. If that be the situation, every one must
‘turn his immediate attention to the proper care to sustain
environment in a decent way.
We dispose of the matter with the aforesaid direction
but give liberty to Mr. Mehta to apply to the Court from
time to time for further directions, if necessary.
S.B. Petition dis-
posed of.
384