People have a
right to breathe clean air, drink clean water and live a life free from disease
and sickness, the Supreme Court has said, while upholding the principle of
sustainable development and coming down hard on polluting industries.
In a reasoned
order on the closure of the Vedanta group firm Sterlite Copper in Tamil Nadu's
Thoothukudi, a bench headed by Chief Justice D Y Chandrachud said closure of
industry is not a matter of first choice but the nature of violations by the
unit and repeated and severe breaches of environmental norms would have left
neither the statutory authorities nor the Madras High Court with the option to take
any other view unless they were to be oblivious of their plain duty.
The bench, also
comprising Justices JB Pardiwala and Manoj Misra, had on February 29 dismissed
an appeal of Vedanta Ltd. against the high court order upholding the closure of
the copper smelting plant, closed since May 2018 over pollution concerns.
"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," the
apex court said.
It said these
rights are not only recognised as essential components of human rights but are
also enshrined in various international treaties and agreements, such as the
Universal Declaration of Human Rights, the Convention on Biological Diversity,
and the Paris Agreement.
"As such,
they must be protected and upheld by governments and institutions worldwide,
even as we generate employment and industry. 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," the bench said.
The court said it
is conscious of the fact that the unit has been contributing to the productive
assets of the nation and providing employment and revenue in the area.