Can We Sue The Govt Over Pollution? Discuss

    • Pratigyan Das
    • Publish Date: Nov 7 2016 8:20PM
    • |
    • Updated Date: Nov 8 2016 10:47AM
Can We Sue The Govt Over Pollution? Discuss

Around 200 people wearing masks gathered at Jantar Mantar on Sunday morning, demanding their “right to breathe”. Among those present were kids, joggers, students, environmentalists and doctors. The participants also signed a petition addressed to the President, requesting him to take cognizance of the crisis.  The BIG Q: As a citizen, do I have the right to sue the government over pollution? Biswajit Das, a Supreme Court lawyer and an environmental activist talks of the way out..

Do we have a law on pollution? Apart from the Environmental Protection Act,  we have National Green Tribunal Act 2010 for the effective and expeditious disposal of cases relating to environmental protection including relief and compensation for the victims of pollution and other environmental damage. However, this law can’t be invoked as rising pollution is not due to an individual, but a combination of several factors.

Can I sue the govt over pollution? Under Article 21 of the Constitution that guarantees Right to Life, every citizen has the right to knock at the court’s door to seek justice, when it affects their life. It is the joint responsibility of citizens and govt to provide a pollution-free environment. People can sue, if govt fails.

Way forward: Since there is no regulation to curb pollution, govt should come up with a comprehensive law to curb pollution. We should also take lessons from other countries.

How China tackles air pollution

  • Red alerts: In December 2015, Beijing issued its first pollution ‘red alert’, closing schools, factories and construction sites, and hundreds of private cars were ordered off the road in odd-even bans until the air quality dropped below hazardous levels. People were urged to wear masks and take protective measures.
  • Coal: By 2017, Beijing aims to reduce use of coal by replacing it with electricity from natural gas and non-fossil fuels and closing all excess iron, steel, cement and heavy industries that burn coal.
  • Laws: On January 1, 2015, China’s Environmental Protection Law came into force. There is no cap on fines for polluting companies, non-profits can file public interest lawsuits against polluters.


What's your take? Would you sue the government over pollution in your city? Share your thoughts in the comments below...

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Comments

Darshil Shah ST. XAVIERS - LOYOLLA -2 LOYOLLA 2

See, I will never blame the government for the rising pollution as it is the citizen''s of the nation who use the sources that create air pollution. Government can''t do anything in this matter. It is we, the citizens who have the power to stop this air pollution.

Haya Naved FATHER AGNEL SCHOOL(GAUTAM NAGAR)

I absolutely agree that we have the right to sue the government over pollution since our nation provides us with this right but why do we always blame the government? Did we ever think about our ''Right to breathe'' before burning crackers? The government is responsible because it did not take any actions and we are as well responsible since we are not doing anything except protesting. It would be better if we stop using vehicles for a few days and sit at home.

Ritvik Baweja Bal Bharati Public School

No, we can''t always put the blame on the government. The cause behind air pollution was due to devoid of awareness among people amout harmful effect s of waste, crop burning or firecrackers burning. The government can''t do anything if there is lack of cooperation from the citizens. Therefore, if we want the government to combat air pollution then we should support them too not just complain about them and criticize.

MANAS KUMAR BAL BHARTI PUBLIC SCHOOL (PITAM PUR

It is moral as well as legal responsibility of government to take action against the rising pollution levels but I think that only criticizing government won''t help us at all. as youth citizens of country we should rise up and take self initiative to stop this increasing pollution, if not then when? I am worried that if this is the situation in 2016 what will happen in the near future. We are the future of this country let''s rise and take some action.

MANAS KUMAR BAL BHARTI PUBLIC SCHOOL (PITAM PUR

A democratic government means that it has been elected by the people and for the people so it is its duty to take some actions against these rising pollution levels. if not government then who will do it? Immediate action should be taken on the issue because it is not concerned to any particular one but to the whole Delhi including children and elders whose healths are on stake.

MANAS KUMAR BAL BHARTI PUBLIC SCHOOL (PITAM PUR

Yes, certainly we will have to take some legal action against government if they won''t take any immediate actions regarding pollution levels we all know that everyone''s health is on stake so why the government shouldn''t take action?

DIWANSHI SHETIJA BHARTI PUBLIC SCHOOL (SWASTHYA VHR)

Not exactly because we can''t wholly blame government for pollution.As citizens we are equally responsible for this situation.

Mansi Borade PADUA HIGH SCHOOL-MANKHURD

According to me we are the one who are polluting our nation and our country and creating a huge problem to us only.

Bhavana Jaison Atomic Energy Central School No 2

No , along with the government , citizens too are equally responsible for the present condition.

Onkarpreet Bhavan Vidyalaya

No. We obviously can''t put what we have done on the government. The residents are the ones responsible.

Vihan R. Yalamanchili DDMS P.OBUL REDDY PUBLIC SCHOOL

It''s perfectly fine to sue the government as it is the government who has the responsibility to provide it''s citizens clean air. The government has to take stern measures to curb and reduce air pollution.

Nishi Upadhyay BHARTI PUBLIC SCHOOL (SWASTHYA VHR)

Sue government for what. For letting us pollute our environment or not properly implementing laws . We can''t hold government responsible for our mistakes. We are the ones who should be sued.

Aishwarya Iyer Deens Academy

We cannot, while it is the government''s responsibility to ensure that devices that keep constant track of pollution levels are in place,etc, it is also our responsibility as a responsible Indian citizen, to ensure that we do not indulge in activities such as stubble burning that increase pollution. We cannot blame everyone else, it is everyone''s fault and henceforth, we need to ensure that the government and people work in sync to reduce pollution.

Himanshi Dhawan Saffron Public School

No, it''s not only the governmental vehicles that cause pollution it''s we too. We also comprise of the limiting factors that cause pollution. It is not only the responsibility of the government or these concerned authorities but also the civilians. But how can we forget that the policy of Indians is to put the blame and responsibility on others and escape. It''s high time now!

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