THE MENACE OF HAZARDOUS WASTE.

Comments by Mr. Praveen Dalal, Consultant and Advocate

His website is http://www.blogger.com/profile/8339811

THE MENACE OF HAZARDOUS WASTE.

The menace created by a ‘hazardous waste” can be redressed under the following:

(1) Criminal law-IPC, 1860, etc
(2) Environment law- Environment Act, Air Act, etc, and
(c) Constitution of India- Article 21, 32 and 226.

A combined effect of all these laws ensures a “right to clean environment” that is free from diseases. The Supreme Court of India has on numerous occasion accepted a Public Interest Litigation (PIL) respecting the “right to clean environment” as a Fundamental Right U/A 21 of the Constitution of India. Article 21 ensures a right to “life or personal liberty” to all persons and a threat or nuisance created by hazardous waste falls in that category.

The Constitution of India is not intended to be the arena of legal quibbling for men with long purses. It is made for the common people. It should generally be so construed as that they can understand and appreciate it. The more they understand it the more they love it and the more they prize it. It is really the poor, starved and mindless millions who need the court’s protection for securing to themselves the enjoyment of Human Rights. The Constitution precedents cannot be permitted to be transformed into weapons for defeating the hopes and aspirations of our teaming millions, half-clad, half-starved, half-educated. These hopes and aspirations representing the will of the people can only become articulate through the voice of their elected representatives. If they fail the people, the nation must face the death and destruction. Then, neither the court nor the Constitution will save the country. This line of thinking has been now recognised and adopted by various social reformers, lawyers, judges and social workers. Even, general public now knows that the court has constitutional power of intervention, which can be invoked to ameliorate their miseries arising from repression, governmental lawlessness and administrative deviance. The socio-justice tool through which these aspirations of the Constitution and people of India are achieved is known as “Public Interest Litigation” (PIL). Thus, a PIL, as allowed by the Hon’ble Apex Court, may provide a solution to the present problem.

For the modes and modalities of PIL, kindly see http://praveen-dalal.blogspot.com/2005/04/sociology-of-pil-in-india.html.
Regards,

Praveen Dalal
Consultant and Advocate
Delhi High Court
Tele: 09899169611.
Mail: pd37@rediffmail.com
perry4law@yahoo.com
4:22 PM

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Thank you Mr. Praveen Dalal for your most important inputs

Thanks and regards