Question

How can the government regulate industrial activities to help prevent disasters such as the Bhopal gas tragedy? Discuss at least one new environmental law and one Indian court judgement pertaining to environmental issues.

Answer 1

Instructions:

• There should be at least 5 points here.
• Talk about the role of the government in the enforcement of safety laws.

Solution:

• Role of the government in the enforcement of safety laws
  • The government is a lawmaker as well as an enforcer of the laws. The government is, thus, expected to ensure the proper implementation of safety laws at workplaces.
  • The government controls the activities of private companies by enforcing and upholding laws, preventing unfair practices, and ensuring social justice.
  • Additionally, the government must ensure that their right to life is not violated.
• New laws to protect the environment
  • Prior to the Bhopal gas tragedy in 1984, India possessed very few laws related to environmental protection.
  • The disaster brought the issue of the environment to the forefront, as it affected even those who were not directly associated with the factory.
  • Due to the efforts of environmental activists in the years since, the government has introduced revised environmental laws.
• Environment (Protection) Act, 1986
  • The objective of this Act was to protect and improve the environment.
  • It bars the excess discharge of environmental pollutants.
  • It also empowers the authorities to impose penalties on those who endanger the environment.
• Subhash Kumar vs. State of Bihar, 1991
  • The petitioner filed a public interest litigation claim against two iron and steel companies because they allegedly created health risks for the public by dumping waste from their factories into the nearby Bokaro River.
  • A Supreme Court ruling, in this case, stated that the Right to Life under Article 21 includes the right to enjoy pollution-free water and air for a happy and healthy life.