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The Supreme Court has taken stern action against the Rajasthan government, rebuking it for "decades of administrative apathy" that have transformed three crucial rivers in western Rajasthan—Jojari, Bandi, and Luni—into conduits for industrial effluent and sewage. This pollution poses a grave threat to the lives of over two million people.
A bench comprising Justices Vikram Nath and Sandeep Mehta modified an earlier stay, reinstating the National Green Tribunal's (NGT) 2022 directives aimed at cleaning these rivers. To oversee these efforts, the court has established a High-Level Ecosystem Oversight Committee, led by former Rajasthan High Court judge Justice Sangeet Lodha.
The case gained traction after a documentary, "2 Million Lives at Risk | India’s Deadliest River | Jojari, Rajasthan," highlighted the severe contamination and health risks in Jodhpur, Pali, and Barmer districts. The Supreme Court consolidated statutory appeals filed by state authorities against the NGT’s 2022 order, which had held local bodies and industrial associations accountable.
The NGT had previously ordered the Rajasthan authorities to implement a comprehensive clean-up plan, shut down non-compliant industries, and collect environmental compensation based on the 'polluter pays' principle. However, these directives were stalled when state industrial agencies secured a stay from the Supreme Court in 2022. The court observed that this stay was misconstrued as a license for inaction, stating that the state should have proceeded with remedial measures given the critical threat to life and the environment.
Rajasthan's latest report indicated that remedial actions were initiated only after judicial intervention, with 17 industrial units in Jodhpur and 5 in Balotra being shut down for violations. The court, however, deemed these actions "years too late" and a result of "prolonged period of regulatory apathy and institutional neglect."
The court found the existing sewage and effluent treatment capacity grossly inadequate, with most Common Effluent Treatment Plants (CETPs) and Sewage Treatment Plants (STPs) operating below par. This imbalance between industrial growth and treatment infrastructure has caused irreversible damage.
Crucially, the court linked this environmental degradation directly to citizens' fundamental right to life under Article 21 of the Constitution, stating that polluted rivers and contaminated groundwater "dilute the very substance of the right to life."
The court clarified that the interim stay would now only shield state agencies from monetary penalties and adverse remarks, not from implementing the clean-up directions.
Impact:
This news significantly impacts Indian citizens by highlighting the state's failure to protect fundamental rights to life and health due to severe environmental pollution. It puts pressure on industries to comply with environmental regulations and can lead to increased scrutiny and stricter enforcement from regulatory bodies and courts. It also signals potential increased compliance costs and operational risks for industries in pollution-prone areas. The formation of an oversight committee and the potential recovery of costs from erring parties mean increased accountability. Rating: 8/10
Terms Explained:
Suo Motu: A Latin term meaning "on its own motion." It refers to action taken by a court or tribunal without a formal request from the parties involved, often initiated by the court itself based on information it receives.
National Green Tribunal (NGT): A specialized Indian court established by the National Green Tribunal Act, 2010, to handle environmental disputes and ensure speedy disposal of cases relating to environmental protection and conservation of forests and other natural resources.
Polluter Pays Principle: An environmental principle that states that whoever pollutes a resource should bear the cost of remedying the damage caused.
Common Effluent Treatment Plant (CETP): A facility that treats wastewater generated by multiple industries located in close proximity, aiming to reduce pollution and meet environmental discharge standards.
Sewage Treatment Plant (STP): A facility designed to treat wastewater from domestic sources (sewage) to remove pollutants before discharging the treated water or reusing it.
Article 21 of the Constitution: Part of the fundamental rights section of the Indian Constitution, guaranteeing the right to life and personal liberty. The Supreme Court has interpreted this article broadly to include rights like the right to a healthy environment, clean water, and livelihood.