Taj Mahal is among the new seven wonders of the world. I have never visited this world heritage
but have heard a lot about it and seen it in pictures. Just like anyone else, I have this image of a
shiny white marbled, mosque shaped monument in my mind when someone mentions Agra’s Taj Mahal. Little did I know that the picture remained white because of someone who visited Taj
almost 10 years before I was even born!
This person who is well known for saving the Taj Mahal is Mahesh Chandra Mehta, more
popular as M.C. Mehta. When he first visited the Taj Mahal, he noticed the white marbles had
turned yellow. Getting into the depths of this ‘yellow cancer’ he discovered that it was a result of
acid rains. Industries in the nearby areas were releasing tonnes of carbon within a matter of hours polluting the air and thus, causing acid rain. This was not only affecting Taj Mahal but various other cultural heritages in the area and has the potential to wipe out the whole city.
This Agra visit ushered M. C. Mehta to the doors of apex court. It took great effort to persuade the court to hear the matter because environmental litigation was not in fashion then. A battle of 12 long years helped the Hon’ble Supreme Court of India to decide M.C. Mehta Taj Mahal case and issue closure of several polluting industries in the area1. This was the first instance of how M. C.
Mehta acted as the guardian angel of the environment. This one man army has many such
examples that struck everyone with the lacunae in the pre-existing environmental laws and the
ongoing practices harming Mother Nature which will be discussed hereunder.
About Mahesh Chandra Mehta
M.C. Mehta was born on October 12, 1946 and belongs to a small village in dist. Rajouri. He
completed his schooling in Rajouri and moved out for Post Graduation in Political Science and
Law degree in Jammu University. He commenced his law practice at Jammu & Kashmir High
Court. He was known for raising his voice against the odds and has pioneered various social and
political causes. In 1983, he migrated to Delhi, kick started his career as a Supreme Court lawyer
and within a small span, he discovered his knack for environmental litigation.2 Advocacy was his
profession but commitment as an environmentalist was his choice.
He has been awarded with various prestigious awards for his enviro-legal commitments:
● Governor’s Gold Medal
● United Nations Global 500 Award (1993)
● The Great Son of the Soil Award (1993)
● Goldman Environmental Prize for Asia (1996)
● The Ramon Magsaysay Award for Asia (1997)
● People of the Year Award – Limca Book of Records (1998)
● Padma Shri by Government of India (2016)
Watch this intrinsic video interview of Mr. Mehta – The Man Who Saved the Taj Mahal (due credits and applauds to the makers)
M. C. Mehta Cases on Environmental Protection
- M. C. Mehta Taj Mahal Case – The court acknowledged destruction and damage caused
to the cultural heritage in Agra and followed the ‘Precautionary Principle’ and ‘Polluter
Pays Principle’ in this case. The Supreme Court ordered closure and relocation of certain
industries in the Taj Trapezium Zone and replacement of fuels and machineries being
used.3 - Oleum Gas Leak Case Summary – Within a year of the tragic Bhopal Gas Tragedy,
came another example of ignorance with oleum gas leak from one of the units of Shriram
Foods and Fertilizers in Delhi. It affected the people working in the said factory as well
as the general public. The Hon’ble Supreme Court held that industries engaged in
hazardous and inherently dangerous activities are on a strict and absolute quantum liable
to compensate the victims.4 - Ganges Pollution Case – Considering pollution in Ganga river due to toxic discharges
from industries and other sources, controlling the trade effluents, the apex court ordered
the Kanpur Nagar Mahapalika to take relevant action under the provisions of Uttar
Pradesh Nagar Mahapalika Adhiniyam, 1959 and other relevant bye-laws. The court
ordered immediate end to the practice of throwing corpses and semi-burnt corpses in the
holy river.5 - Groundwater Pollution Case (Bichhri case) – A small Rajasthan village called Bichhri
witnessed polluting underground water containing pernicious wastes produced by
Hindustan Agro Chemicals Limited and others within a short period of their
establishment that caused serious ailments. The court imposed a fine of Rs.37.385 crores
on HACL for causing pollution through hazardous chemicals along with imposition of fine of Rs.10 lakh for keeping the case alive for 15 years after the apex court disposed of the petition in 1997.6
What happened in M.C. Mehta case? – Principles Evolved
The cases fought by Mahesh Chandra Mehta not only came out victorious but were also a chance for the apex court to add another landmark. This fact is evident through the principles
established:
● The Right to Life under Article 19 of the Constitution of India also includes the right to a
clean and healthy environment.7
● Public Trust Doctrine – It rests on the principle that natural resources like air, water,
forests, etc. are not a subject of private ownership and should be made freely available to
everyone regardless of their status.8
● Precautionary Principle – It states that steps should be taken to prevent environmental
degradation. The implementation of preventive measures should not be delayed in case of
probability of serious and irreversible damage for the sake of scientific uncertainty.
● Absolute Liability – The principle claims the absolute liability of industries
manufacturing hazardous substances leaving no exception from liability in case of
accidents.9
● Green Bench – Constitution of special bench of judges dealing matters related to
pollution and environmental law.10
M.C. Mehta: One Man Enviro-Legal Brigade
M.C. Mehta is being addressed as the guardian angel of environment in India because apart from bringing matters before the court, he also established an Eco Ashram in the foothills of
Himalayas near Rishikesh. The place is also known as ‘Swastigram’ and is dedicated for
sensitizing people on various environmental issues. Eco Ashram has already served various
lawyers, politicians, bureaucrats, hoteliers, real-estate builders, NGOs etc. tutoring them on
leading an eco-friendly, ethical way of life and experiencing the natural environment.
In order to reach the maximum population for the cause, M.C. Mehta took up another case
aiming at education. In the Environmental Education case (1991), the Supreme Court ordered
invariable enforcement as a license condition for cinema halls, touring cinemas and video parlors to exhibit at least 2 slides or messages in each show undertaken by them promoting
environmental protection.11
Conclusion
Natural environment calms a person and so do a few words by M. C. Mehta. One would for sure
become a fan of Mahesh Chandra Mehta only by watching a single clip of his journey as the
guardian angel of environment in India. He is undoubtedly a one man-brigade when it comes to
fighting against pollution. But is that enough? Don’t we need more M.C. Mehtas for the sake of
protection of the natural environment? If all of us take small steps towards environment
protection, we will be a big supporter for the fight being led by M.C. Mehta.
