Summary of Taj, Ganges Cases

Date: Wed, 17 Nov 1993 20:37 -0800 (PST)
From: John Bonine E-LAW US 
Subject: India: Taj, Ganga Cases Analyzed
To: "Recipients of conference elaw.public.interest"

A friend who is active in helping to network NGOs in India electronically 
has forwarded the following from the TERI Information Exchange Service:

Date: Wed, 17 Nov 93 20:11:08 PST
From: Jagdish Parikh 
============
EDITORIAL

A new chapter in the history of environmental protection in the
developing countries in general, and particularly in India,
appears to have been written recently by the Supreme Court of
India. The highest court in the land took far reaching decisions
that could have a major impact on curbing pollution in the
country. The Supreme Court's actions are a culmination of concerns
and efforts on the part of several groups and individuals during
the past several years. The most visible of these decisions
relates to the ruling that ordered the closure of 212 industries
in and around Agra, in Uttar Pradesh, as a measure to protect the
Taj Mahal from air pollution. For several years now,
environmentalists and all those with genuine concerns about
protection of the country's most outstanding monument have been
expressing their apprehension on the yellowing of the magnificent
marble structure. The judgement of the Supreme Court upholds and
paves the way for allaying their concerns.

While the Government has established an elaborate apparatus for
monitoring and enforcing pollution control throughout the country,
its efficiency has remained impaired by a lack of suitable
infrastructure and skills and the ability of the polluters to
bypass normal channels of authority by mobilizing political
support and patronage in their favor. The Supreme Court provides
hope, therefore, to those who have been crusading against the
externalities imposed on many by a few who have done so
relentlessly  in the pursuit of private gain. A persistent and
dedicated lawyer, Mr Mahesh C Mehta, who has pursued the
protection of the Taj - and society in general -from the ill-
effects of pollution, has suddenly emerged as a David challenging
the Goliath of money power and political clout. His example,
undoubtedly would provide great inspiration to a number of
idealistic youth in the legal profession and to the Indian
citizens in general, increasingly concerned about the pollution of
our air, water, land and, most importantly, the country's past
heritage.

Another polluted resource, which has high religious and emotional
significance as well, is the river Ganga, to clean up which Rajiv
Gandhi, soon after assumption of office as Prime Minister of
India, set about achieving results through the establishment of a
Ganga Action Plan. It has become apparent in recent years that
this plan has not achieved the targets that had been set at its
inception and later. Several industries located along the river
are using it for dumping effluent on a large scale and have
managed to get away with this upto now. However, recently the
Supreme Court has ordered the closure of 191 units along the
river, in a decision which too has a great deal of historical
significance. A long court battle has led to this decision,
resulting from 90 hearings on the subject. Of course, the cleaning
up of the Ganga would take much more than the closure of
industrial units discharging effluent into its waters. Large scale
sewage treatment plants and facilities to prevent a wide range of
polluting activities would have to be installed at high cost to
truly clean the Ganga. But the Supreme Court's decisions would
have a profound effect on the public's attitude and that of
several Government authorities in bringing about change in the
right decision.

Far beyond the limited effects of these decisions per se in a
country of India's size, the most heartening message that comes
through is the fact that the country's institutions and conscience
inspire confidence for the future of environmental protection, a
fact that others in the world need to take note of.

TIES
TERI INFORMATION EXCHANGE SERVICE
Source: TIES  TERI Information Exchange Service
News Abstracts on Energy, Environment and the Economy of India
from the Tata Energy Research Institute
Email: teri@igc.apc.org

Volume I, Issue 4,16 - 30 October 1993

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