Research On Environmental Destruction And Criminal Liability Prosecutions
1. M.C. Mehta v. Union of India (Oleum Gas Leak Case, 1986‑87)
Facts:
A gas leak of oleum (a highly corrosive chemical) occurred from a factory in Delhi.
Several people were injured and nearby residents were exposed to toxic fumes.
Legal Issues:
Can a company engaged in hazardous activity be held liable even if it exercised all due care?
What standard of liability applies to industries handling dangerous substances?
Holding:
The Supreme Court established the principle of absolute liability for hazardous industries: if an activity is inherently dangerous, the enterprise is liable for any harm caused, regardless of negligence.
The company was ordered to pay compensation to victims.
Significance:
Introduced absolute liability in environmental and industrial harm cases in India.
Forms the legal basis for prosecuting industries causing environmental destruction.
2. Indian Council for Enviro-Legal Action v. Union of India (Bichhri Village Case, 1993)
Facts:
Chemical industries discharged untreated waste, contaminating soil, groundwater, and crops.
Villagers reported severe damage to agriculture and health.
Legal Issues:
Can industries be held liable for environmental destruction without proof of negligence?
How should compensation and remediation be determined?
Holding:
Industries were held strictly liable for environmental damage.
Court ordered restoration of contaminated land and payment of compensation.
Significance:
Reinforced the “polluter pays” principle.
Emphasized proactive responsibility of industries for preventing environmental harm.
3. Vellore Citizens’ Welfare Forum v. Union of India (1996)
Facts:
Tannery and chemical industries discharged untreated effluents into Palar River, polluting land and water.
Large-scale ecological damage affected thousands of hectares and wells.
Legal Issues:
Does the constitutional right to life include the right to a healthy environment?
Are precautionary and polluter-pays principles applicable?
Holding:
Supreme Court affirmed that the right to a clean environment is part of the fundamental right to life.
Industries were ordered to implement treatment plants and pay for restoration.
Significance:
Landmark case linking human rights and environmental protection.
Set precedent for judicial enforcement of environmental obligations.
4. Union Carbide Corporation v. Bhopal Gas Tragedy (1984–1989)
Facts:
A gas leak at Union Carbide’s pesticide plant in Bhopal released methyl isocyanate, killing thousands and injuring hundreds of thousands.
Legal Issues:
Can a multinational company be held criminally liable for environmental and public health disaster in another country?
How should liability be apportioned between the company and the government?
Holding:
The Indian government initially pursued criminal charges.
Union Carbide reached a settlement for compensation, though criminal prosecution was limited.
Significance:
Highlighted international corporate liability in environmental disasters.
Triggered reforms in industrial safety and environmental law globally.
5. Chhattisgarh Sterlite Copper Plant Case (India, 2018)
Facts:
Sterlite Copper Plant in Tamil Nadu was alleged to cause air, water, and soil pollution affecting health of nearby residents.
Protests ensued, and eventually the plant was ordered to close.
Legal Issues:
Can ongoing industrial pollution constitute criminal liability?
How does public protest intersect with environmental law enforcement?
Holding:
Court ordered plant closure citing environmental violations.
State initiated further investigations into criminal negligence by management.
Significance:
Shows enforcement of environmental laws against industrial pollution.
Emphasizes role of courts in protecting public health and environment.
6. Indonesia Forest Fires Case (Corporate Criminal Liability)
Facts:
Corporations intentionally burned forests to clear land, causing massive ecological damage and air pollution.
Legal Issues:
Can corporate entities and individual directors be held criminally liable for environmental destruction?
How to prove responsibility when acts are done through company operations?
Holding:
Both companies and directors were found guilty under environmental crime statutes.
Sentences included fines and imprisonment.
Significance:
Example of full criminal prosecution for environmental destruction.
Highlights corporate accountability and challenges in attributing liability.
7. Environmental Damage in Amazon Rainforest (Brazil, 2020s)
Facts:
Illegal deforestation by ranchers destroyed thousands of hectares of rainforest.
Legal Issues:
Can environmental destruction by private actors trigger criminal and civil liability?
How should compensation and remediation be handled?
Holding:
Courts imposed massive fines and mandated restoration of destroyed land.
Individuals responsible for deforestation faced potential criminal penalties.
Significance:
Shows that environmental destruction is increasingly treated as a serious offense globally.
Reinforces trend toward criminal accountability for large-scale ecological harm.
Key Observations Across Cases
Liability types:
Absolute/strict liability for hazardous industries (M.C. Mehta).
Civil & criminal liability for industrial pollution (Vellore, Bichhri).
Corporate and individual criminal liability (Indonesia, Amazon).
Principles applied:
Polluter Pays, Precautionary Principle, Right to Clean Environment.
Remedies and penalties:
Compensation, restoration, fines, imprisonment, closure orders.
Global trend:
Courts increasingly recognize environmental destruction as a matter of criminal law and human rights.
RELATED Blog
0 comments