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PETITIONER: M.C. MEHTA

       Vs.

RESPONDENT: UNION OF INDIA AND ORS.

DATE OF JUDGMENT22/11/1991

BENCH: MISRA, RANGNATH (CJ) BENCH: MISRA, RANGNATH (CJ) RAY, G.N. (J) ANAND, A.S. (J)

CITATION:  1992 AIR  382            1991 SCR  Supl. (2) 378  1992 SCC  (1) 358        JT 1991 (4)   531  1991 SCALE  (2)1181

ACT:     Environment     Pollution    Act:    Public     Interest Litigation--Protection  of environment and keeping  it  free from   pollution--Indispensable   necessity  for   life   on earth--Directions  given to exhibit Cinema slides, films  on various  aspects of environment and pollution--Awareness  of environment to be taught as compulsory subject.

HEADNOTE:     This  application is in public interest  seeking  relief for issuing appropriate directions of this Court to  Cinema, exhibition  hails to exhibit slides  containing  information and messages on environment free of cost. Further directions for spread of information relating to environment in nation- al and regional languages vide broadcast thereof on the  All India  Radio, exposure thereof on television in regular  and short term programmes with a view to educating the people of India  about  their social obligation in the matter  of  the upkeep  of the environment in proper shape and  making  them alive  to their obligation not to act as polluting  agencies or factors. It is further prayed that environment should  be made  a  compulsory  subject in schools and  colleges  in  a graded  system  so that there would be a general  growth  of awareness.     Till  1972 general awareness of mankind to the  environ- ment for the well being of mankind had not been appropriate- ly appreciated. In 1975 the Constitution underwent an amend- ment  by  incorporating  an Article  51A  with  the  heading "Fundamental  Duties"  Clause  (g)  thereof  requires  every citizen  to  protect  and improve  the  natural  environment including  forests, lakes, rivers and wild life and to  have compassion  for every living creature. In 1974 Water  Pollu- tion  Central  Act  came on the statues book.  In  1981  Air Pollution (Central Act) and finally in 1986 the  Environment Protection Act were enacted.     Law  is  a  regulator of human conduct but  no  law  can indeed  effectively work unless there is an element  of  ac- ceptance by the people in society. 379     There  has been an explosion of human  population,  over

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the  last 50 years. Life has become competitive so  the  age old  norms  of good living are no longer  followed.  It  has therefore,  become  necessary that people be made  aware  of vice  of pollution and its level of  consequenceS.  Keepingg the  citizen informed is an obligation of the Government  as well as the responsibility of society to adequately  educate every component of it so that social level is kept up. Disposing of the matter, the Court,     HELD  The  principle  on which the praayer  is  made  is accepted and the following directions are issued     1.  That the Cenaral  Governmeent, the State  Government and Union Tcrritories should invariably  enforce as a condi- tion  of  license of all cinema halls, touring  Cinemas  and video  parlours  to  exhibit.  free of  cost  at  feast  two slidcs/messages  on environment in each show  undertaken  by them.  The Ministry of Environment should within two  months from.  now come out with appropriate slide material on  var- ious  aspect  of environment and  pollution.  This  material should be circulated to the collectors who arc the licensing authori  ties for compliance without any further  directions and failure to comply with the Court order should be treated as  a ground for. cancellation of the licence by the  appro- priate authorities. [382 A-C]     2.  The Ministry of Information and Broadcasting of  the Government  of India should without delay start  pronouncing information  films of short duration on various  aspects  of environment  and  pollution bringing out  the  benefits  for society on the environment protection and hazardous involved in environment pollution. [382 D]     3.   The national network, the State Door  Darshan  Cen- tres,  All India Radio, Television should take proper  steps to  exhibit  such films and interesting  programmes  on  the subject. There should be regular compliance of these  direc- tions be followed from February 1, 1992. [382 G-H]     4.  The principle that through the medium of educational awareness  of  the environment and  its  pollution  problems should  be taught as a compulsory subject at every level  of education.  University Grants Commission should prescribe  a course  on  environment in a graded manner as  a  compulsory subject  in  college education. The compliance of  this  re- quirement be done in the next academic year. [383 A-C] 380      Since  there  is a general  acceptance  throughout  the world as also in our country that protection of  environment keeping  free of pollution is an indispensable necessity  of life to survive on earth so everyone must turn his immediate attention  to  the proper care to sustain environment  in  a decent way.

JUDGMENT: ORIGINAL  JURISDICTION:  Writ Petition (Civil)  No.  860  of 1991. (Under Article 32 of the Constitution of India). Petitioner in person     G. Ramaswamy, Altar Ahmad, Anil Katiyar, A.M. Khanwilkar and M.P. Sarawala for the Respondents. The following Order of the Court was delivered:     This  application  is in public interest  and  has  been filed   by   a  practising advocate of this  Court  who  has consistently  been  taking interestin  matters  relating  to environment and pollution. The reliefs claimed in this  application under Article 32 of the  Constitution  are for  issuing  appropriate directions  to  cinema  exhibition

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halls to exhibit slides containing information and  messages on environment free of cost: directions for spread of infor- mation relating to environment in national and regional languages  and for broadcast thereof on the All India  Radio and exposure thereof on the television in regular and  short term programmes with a view to educating the people of India about their social obligation in the matter of the upkeep of up the environment in proper shape and making them alive  to their  obligation not to act as polluting agencies  or  fac- tors."  There  is also a prayer that environment  should  be made a compulsory subject  in schools and colleges in a graded system so  that there would be a general growth of awareness. We had  issued notice to the Union of India on the petition and the Central Government has immediately responded.     Until  1972, general awareness of mankind to the  impor- tance  of environment for the well-being of mankind had  not been  appropriately  appreciated though over the  years  for more  than  a century there was a growing  realisation  that mankind  had to live in tune with nature if life was  to  be peaceful,  happy  and satisfied. In the name  of  scientific development, man started distancing himself from Nature  and even developed an urge to conquer nature. Our ancestors  had known that nature was not subduable and, therefore. had made it an obligation for man to surrender to nature and live  in tune with it. Our Constitution underwent an amendment in 381 1976  by  incorporating an article (51A)  with  the  heading "Fundamental  Duties".  Clause (g)  thereof  requires  every citizen  to  protect  and improve  the  natural  environment including forests, lakes, rivers and wild life, and to  have compassion for living creatures. Soon after the internation- al conference on environment the Water Pollution Control Act of 1974 came on the statute book; the Air Pollution  Control Act came in 1981 and finally came the Environment Protection Act of 1986.     Law is a regulator of human conduct as the professors of jurisprudence  say, but no law can indeed  effectively  work unless  there is an element of acceptance by the  people  in society. No law works out smoothly unless the interaction is voluntary. In order that human conduct ,nay be m  accordance with  the  prescription of law it is  necessary  that  there should be appropriate awareness about what the law  requires and  there is an element of acceptance that the  requirement of  law is grounded upon a philosophy which should  be  fol- lowed.  This would be possible only when steps are taken  in an  adequate measure to make people aware of the  indispens- able necessity of their conduct being oriented in accordance with the requirements of law.     There has been an explosion of human population over the last 50 years. Life has become competitive. Sense of  ideal- ism  in the living process has systematically eroded.  As  a consequence of this the age old norms-of good living are  no longer followed. The anxiety to do good to the needy  or  for the society in general has  died  out,  today oblivious of the repercussions of one’s actions on  society, everyone  is prepared to do whatever is easy and  convenient for his own purpose. In this backdrop if the laws are to  be enforced and the malaise of pollution has to be kept under control and the environment has to be protected in  an unpolluted  state it is necessary that people are  aware  of the vice of pollution and its evil consequences.     We  are  in a democratic polity where  dissemination  of information  is  the foundation of the system.  Keeping  the citizens informed is an obligation of the Government. It  is

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equally the responsibility of society to adequately  educate every  component of it so that the social level is kept  up. We  therefore, accept on principle the prayers made  by  the petitioner.  We are happy to find that the learned  Attorney General who appeare for the Union of India has also appreci- ated the stand of the petitioner and has even cooperated  to work out the procedure by which some of the prayers could be granted. We  dispose of this writ petition with the following  direc- tions 382     (1) Respondents 1, 2, & 3 shall issue appropriate direc- tions  to  the State Governments and  Union  Territories  to invariably  enforce as a condition of license of all  cinema hails, touring cinemas and video parlours to exhibit free of cost atleast two slides/messages on environment in each show undertaken  by  them. The Ministry of  Environmental  should within  two months from now come out with appropriate  slide material  which  would be brief out  efficiently  carry  the message  home on various aspects of environment  and  pollu- tion.  This  material should be circulated directly  to  the Collectors who are the licensing authorities for the  cinema exhibition halls under the respective slate laws for compli- ance  without any further direction and helping  the  cinema halls and video parlours to comply with the requirements  of our order. Failure to comply with our order should be treat- ed as a ground for cancellation of the licence by the appro- priate  authorities. The material for the slides  should  be such that it would     at  once be impressive, striking and leave as impact  on every one who sees the slide.     (2) The Ministry of Information and Broadcasting of  the Government  of  India should without delay  start  producing information films of short duration as is being done now  on various  aspects of environment and pollution  bringing  out the benefits for society on the environment being  protected and the hazards involved in the environment being  polluted. Mind  catching aspects should be made the central  theme  of such  short films. One such film should be shown, as far  as practicable.  in one show every day by the cinema hails  and the Central Government and the State Government are directed to  ensure  compliance of this condition  from  February  1, 1992.     (3)  Realising the importance of the matter of  environ- ment and the necessity of protecting it in an unpolluted for as  we had suggested to learned Attorney General to  have  a dialogue  with the Ministry of Information and  Broadcasting as  to  the manner the All India Radio and  Doordarshan  can assist  this process of education. We are happy to  indicate that,  learned  Attorney General has told us  that  five  to seven  minutes can be devoted every day and there could  be, once  a week, a longer programme. We do not want to  project an impression that we are authorities on the subject, but we would  suggest to the programme controlling  authorities  of the Doordarshan and the All India Radio to take proper steps to make interesting programmes and broadcast the same on the radio  and exhibit the same on the television. The  national network as also the State Doordarshan Centres should immedi- ately  take steps to implement this direction so  that  from February 1, 1992, regular compliance can be made. 383     (4)  We accept on principle that through the  medium  of education  awareness  of the environment  and  its  problems related  to pollution should be taught as a compulsory  sub- ject.  Learned Attorney General pointed out to us  that  the

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Central  Government  is  associated with  education  at  the higher  levels  and  the University  Grants  Commission  can monitor  only the under graduate and post graduate  studies. The rest of it, according to him, is a State subject. He has agreed  that  the  University Grants  Commission  will  take appropriate steps immediately to give effect to what we have said, i.e., requiring the Universities to prescribe a course on  environment.  They  would consider  the  feasibility  of making  this a compulsory subject at every level in  college education.  So for as education up to the college  level  is concerned, we would require every State Government and every Education Board connected with education up to the  matricu- lation  or stage even intermediate colleges  to  immediately take steps to enforce compulsory education on environment in a  graded way. this should be so done that in the next  aca- demic year there would be compliance of this requirement.     We  have not considered it necessary to hear  the  State Governments and the other interested groups as by now  there is a general acceptance through out the world as also in our country  that protection of environment and keeping it  free of  pollution  is  an indispensable necessity  for  life  to survive  on earth. If that be the situation, every one  must ’turn his immediate attention to the proper care to  sustain environment in a decent way.     We  dispose of the matter with the  aforesaid  direction but  give  liberty to Mr. Mehta to apply to the  Court  from time to time for further directions, if necessary. S.B.                                         Petition   dis- posed of. 384