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| M C Mehta |
| Environment Jurisprudence |
M.C. Mehta�s public interest environmental litigation cases have formed the foundation for the development of environmental jurisprudence in India, and indeed, South Asia today.
M.C. Mehta�s cases have established the following seminal principles in Indian environmental jurisprudence:
- The constitutional right to life extends to the right to a clean and healthy environment.
- Courts are empowered to grant financial compensation as a remedy for the infringement of the right to life.
- Polluters should be held absolutely liable to compensate for harm caused by their hazardous activities.
- Public resources that are sensitive, fragile or of high ecological value should be maintained and preserved for the public.
- Similarly, the government has a responsibility to prevent environmental degradation. Even if scientific uncertainty exists, the implementation of preventative measures should not be delayed wherever there is the possibility of serious or irreversible damage.
- Green benches should be established in Indian High Courts dealing specifically with environmental cases.
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