Growth without basic rights has no meaning: SC in Vedanta case

Stating that the right to a clean environment is an indispensable entitlement extended to all, the bench stressed that polluted air not only has a detrimental impact on all life forms including humans, but also triggers a cascade of ecological ramifications

New Delhi The right to breathe clean air, drink clean water, live a life free from disease and sickness, and for farmers, access to uncontaminated soil must be protected even as the country generates employment and industry, the Supreme Court said in its judgment while putting its stamp of approval on the closure of Vedanta’s copper smelting plant in Tamil Nadu’s Thoothukudi.

The Supreme Court ruled that the plant should stay shut. (ANI)

“The ultimate aim of all our endeavours is for all people to be able to live ‘the good life’. Without these basic rights, increased revenue and employment cease to have any real meaning. It is not merely about economic growth but about ensuring the well-being and dignity of every individual,” emphasised the bench, led by Chief Justice of India (CJI) Dhananjaya Y Chandrachud, in its February 29 judgment that was released on Wednesday.

“As we pursue development, we must prioritise the protection of these rights, recognising that they are essential for sustainable progress. Only by safeguarding these fundamental rights can we truly create a world where everyone has the opportunity to thrive and prosper,” added the bench, also comprising justices JB Pardiwala and Manoj Misra.

The 17-page judgment by the bench provided detailed reasons why the plant by Sterlite Copper, the Indian subsidiary of Vedanta Resources, a global mining and metals conglomerate, must stay shut. The plant has remained shut since 2018 over violations of environmental norms and protests of the local population against its operation.

Outlining the doctrines of sustainable development, the polluter pays principle, and the public trust doctrine, the top court underlined that these serve as a reminder that economic activities should not come at the expense of environmental degradation or the health of the population.

“In addition, the public trust doctrine, recognised in various jurisdictions, including India, establishes that the state holds natural resources in trust for the benefit of the public. It reinforces the idea that the state must act as a steward of the environment, ensuring that the common resources necessary for the well-being of the populace are protected against exploitation or degradation,” noted the bench.

The 17-page judgment added that the public trust theory and sustainable development standards highlight balancing economic interests with environmental and public welfare concerns.

“While industry has played a role in economic growth, the health and welfare of the residents of the area is a matter of utmost concern. In the ultimate analysis, the state government is responsible for preserving and protecting their concerns,” said the court.

The bench further rendered its views on the concept of intergenerational equity. “The planet and its invaluable resources must be conscientiously conserved and responsibly managed for the use and enjoyment of future generations, emphasising the enduring obligation to safeguard the environmental heritage for the well-being of all,” it said.

Stating that the right to a clean environment is an indispensable entitlement extended to all, the bench stressed that polluted air not only has a detrimental impact on all life forms including humans, but also triggers a cascade of ecological ramifications.

“The same is true for polluted water, where pervasive contamination poses a profound threat to the delicate balance of ecosystems. The impact of environmental pollution and degradation is far reaching: it is often not only severe but also persists over the long term,” said the court.

It lamented that the adverse effects of polluted air are felt more deeply by marginalised and poor communities.

“It is an undeniable and fundamental truth that all persons have the right to breathe clean air, drink clean water, live a life free from disease and sickness, and for those who till the earth, have access to uncontaminated soil. These rights are not only recognized as essential components of human rights but are also enshrined in various international treaties and agreements...As such, they must be protected and upheld by governments and institutions worldwide, even as we generate employment and industry,” it held.

With environmental concerns underpinning the judgment, the bench dismissed Vedanta’s appeal against the 2020 Madras high court’s judgment that had upheld the shutdown notice to the plant by the Tamil Nadu government and the state pollution control board. It pointed out that repeated violations by the plant relating to disposal of copper slag, gypsum and other hazardous waste remained a matter of serious concern despite a slew of directives issued to Vedanta by the Supreme Court in 2013 to ensure proper authorisation and disposal mechanism.

Tens of thousands of protesters took to the streets of Tuticorin in May 2018 against a proposed expansion of Sterlite’s 400,000-tonne annual capacity smelter. After the protests turned violent and police opened fire, 13 protesters died.

A week later, the state pollution control board and the state government ordered the plant shut for alleged pollution.