ENGLISH-I
MONSOON SEMESTER
[2023-24]
A VOICE FOR THE VOICELESS
-An Essay on M.C. Mehta
NAME:
MANSI GUPTA
SECTION:
SECTION-A
ROLL NUMBER:
LLB223028
SUBMITTED TO:
Ms. ANKITA MOOKHERJEE
WORD COUNT:
2410
1
TABLE OF CONTENTS
A VOICE FOR THE VOICELESS _______________________________________________ 3
INTRODUCTION ___________________________________________________________ 3
CHILDHOOD AND UPBRINGING _____________________________________________ 4
PIONEERING CLIMATE JUSTICE _____________________________________________ 5
CRUSADE FOR THE RIGHTS OF CHILDREN ____________________________________ 7
CONCLUSION _____________________________________________________________ 8
BIBLIOGRAPHY___________________________________________________________ 10
2
MAHESH CHANDRA MEHTA
A VOICE FOR THE VOICELESS
INTRODUCTION
“A man dies when he refuses to stand up for that which is right. A man dies when he refuses to
stand up for justice. A man dies when he refuses to take a stand for that which is true.” — Dr
Martin Luther King Jr1
Would you choose to raise your voice for those who do not, yet, have their own? Well, it
certainly takes a lot of courage to muster up one’s strength for standing up for the powerless
and with the powerless. The world cannot be reformed through magic, it takes the courage of
the reformers, those who rise selflessly, in the light of the larger interest, those who standup for
their people and the nature surrounding them, for any substantial change to take place. This
essay is about the journey of one such man, who not only transformed the course of history of
environmental activism but also profoundly impacted the lives of several people, altering their
course of life for good.
He is a man well known in the annals of environmental activism wherein only a handful of
narratives resonate as powerfully as that of his journey, a man whose single-handed
determination and relentless advocacy2 have altered the course of not just environmental
history but also the course of life of several individuals, he is a man who dragged out several
innocent children from the treacherous hells of prison, where they were trapped in conditions
terribly beyond what any child deserves, altering their course of life for good. His voice speaks
for those who can’t speak for themselves making him the voice for the voiceless. 3
1
Brainy Quote, https://www.brainyquote.com/quotes/martin_luther_king_jr_103526(last visited Sept. 13,
2023).
2
M.C. Mehta - Goldman Environmental Prize, GOLDMAN ENVIRONMENTAL
PRIZE, https://www.goldmanprize.org/recipient/mc-mehta (last visited Sept. 13, 2023).
3
Team Probono India, HTTPS://PROBONO-INDIA.IN (June 2020), https://probono-india.in/IndianSociety/Paper/522_ProBono%20India%20Case%20Compilation%20of%20M%20C%20Mehta%20Cases.pdf (l
ast visited Sept. 13, 2023).; M.C. Mehta vs State Of Orissa And Ors, Supreme Court Of
India(India), https://indiankanoon.org/doc/1048505/ (last visited Sept. 13, 2023).
3
M.C. Mehta is called by multiple names in our nation, he is known as the ‘Green Avenger of
India’, ‘The Environmental Crusador’, ‘The Ganges Guardian’ or ‘Eco-warrior’ in several
magazines and newspaper articles but his work goes beyond the scope of mere environmental
activism. He was born on 12 October 1946, in the quaint town of Pir Panjal, situated in the lush
green Jammu and Kashmir4. Mehta’s life story reads like an epic—a tale of one man's
unwavering commitment to safeguarding the environment and restoring justice to the wounded
Earth. He is a luminary who, armed only with the sword of the law and the shield of conviction5,
has carved his name profoundly and strongly in the arena of global environmental advocacy
and beyond.
CHILDHOOD AND UPBRINGING
M.C. Mehta’s childhood and upbringing in the beautiful lush green Rajouri District of Jammu
and Kashmir shaped his perspective and sensitivity towards the nature and made him all the
more attached to its glory and beauty. Mehta hails from a rather, humble background and has
been raised in an agrarian family. He, as a young boy, used to walk to school, through the trails
of green plateaus and clean rivers and formed a strong bond with the environment. After his
schooling at Rajouri, he went to Jammu and pursued his bachelor’s in Political Science and
Law from Jammu University, and later started his practice in Jammu & Kashmir High Court.
He was always a person who raised his voice against wrong. He, therefore, was actively
involved in political and social issues of Jammu and raised his voice against discrimination
against Kashmiris in the state and corruption within the state during his brief stay. His career
as a Supreme Court lawyer began in 1983, when he migrated to Delhi. In 1984, he began
focusing on environmental litigation.6
Arju Sharma, Mahesh Chandra Mehta - One Man Enviro-legal Brigade | BeAnInspirer, BE AN
INSPIRER (Oct. 12, 2018), https://www.beaninspirer.com/mahesh-chandra-mehta-one-man-enviro-legalbrigade/?expand_article=1 (last visited Sept. 13, 2023).
5
Sida Liu Ching-Fang Hsu and Terence C. Halliday, Law as a Sword, Law as a
Shield (2019), https://doi.org/10.4000/chinaperspectives.8798 (last visited Sept. 13, 2023).
6
Mahesh Chandra Mehta, Mahesh Chandra Mehta-Great Indians, Greatmen-Mahesh Chandra
Mehta, BLAZONSART.COM FEW DISTANCE FROM AWAY HOME, https://blazonsart.com/m-c-mehta.html (last visited
Sept. 14, 2023).
4
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PIONEERING CLIMATE JUSTICE
In 1984, Mehta visited Taj Mahal. He was inspired by a family friend who make a remark about
how lawyers don’t take an interest in saving the monuments and the cultural heritage of India
and claimed that even though Mehta was a lawyer he was doing nothing about the “Dying Taj
Mahal”.7Stirred by his words, Mehta immediately filed a writ petition in Supreme Court of
India against the deteriorating condition of The Taj Mahal and after a decade long fight was
able to convince the hon’ble court to take actions and order pollution control measures in the
entire region. This was just the beginning of this man’s journey into using power of law to
shape reality.
In December 1985, the infamous Oleum Gas Leak incident took place, bringing back the
horrors of the Bhopal Gas Tragedy, that took place just a year prior. He earlier filed for a
petition seeking an order for closure and relocation of Shriram Industries.8 But the pending
disposal of the petition, enabled the plant to restart its work.9 After Oleum incident Mehta
ardently fought against the injustice faced by his people. He knew that his and his people’s
interests and lives are put on a platter for large industries and capitalists to exploit. He
eventually got the justice when the Supreme Court, through its peremptory decision established
for the very first time, the principle of ‘Absolute Liability’. The industrial corporation was
absolutely held liable for all of the hazardous activity that put people at a life-threatening risk.
The principle of absolute liability established in this case was a major win for Mehta, that gave
him not only national but international recognition.
M.C. Mehta's constant fight for justice during the Oleum Gas Leak incident remains a
wonderful demonstration of the real power of the law in ensuring justice and making room for
improvements. In the face of a grave industrial disaster that threatened countless lives, Mr.
Mehta stood resolute as a legal champion. Mehta diligently pursued legal action against those
responsible for this tragedy. His determination to achieve justice for those who suffered at the
expense of the large corporation was nothing short of commendable. Mehta's actions highlight
Goldman Environmental Prize, MC Mehta: 1996 Goldman Prize winner, India, at 0:551:00, YOUTUBE (Aug. 21, 2013), https://www.youtube.com/watch?v=PX2v30tka0E (last visited Sept. 14, 2023).
7
8
M.C. Mehta v. Union of India (Shriram - Oleum Gas), (1987) 1 SCC 395
Pujari Dharani, MC Mehta Vs Union of India & Ors [Oleum Gas Leak Case], LAW
CORNER, https://lawcorner.in/mc-mehta-vs-union-of-india-ors-oleum-gas-leak-case-analysis/ (last visited
Sept. 16, 2023).
9
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the essential role of the law in promoting the greater good. His commitment to using legal
means to protect the vulnerable and seek justice serves as a powerful reminder of the legal
profession's responsibility to uphold justice and fairness. It demonstrates that with dedication
and integrity, the law can be a formidable tool for addressing societal issues and ensuring that
wrongs are righted. His success in Oleum Gas Leak Case showcases the transformative
potential of the law when employed in the service of the common good, emphasizing that it
goes beyond mere legal procedures to become a force for justice and morality.
Since then, Mehta has constantly stood at the pedestal of change for environmental activism.
He was the one to shape the law and not just react to it10, leaving a profound and permanent
impact on Indian laws and legislations. So, in the same year Mehta filed a pivotal legal case,
famously referred to as ‘M.C. Mehta v. Union of India (II)’11 or simply the ‘Ganga Pollution
Case’. He filed a writ petition invoking the principles of mandamus. The objective was to halt
leather tanneries from releasing both domestic and industrial waste, along with effluents, into
the venerated Ganga River. He had yet another triumph when the court issued an order directing
the Kanpur Nagar Mahapalika to transfer dairies outside of the city or handle garbage disposal
outside of the city limits. Kanpur Nagar Mahapalika was also tasked with improving sewage
capacity in labour colonies and expanding public latrines and urinals for the benefit of
underprivileged inhabitants.12 Through, the judgement of this case he was able to make a
profound impact on Indian Law Through addendums to the existing provisions of legislations.
After this successful endeavour, he ventured in varied fields of environmental activism. He
fought against the threat depletion of groundwater in New Delhi13, lobbied for putting an end
to the mining activities in certain areas of Haryana14 to protect the people and cultural heritage
sites from the pollution and contamination of air caused by the dust particles spread due to
widespread mining in the region. And his aim was to compel the Haryana Pollution Control
Board to address pollution caused by stone crushers, pulverisers, and mine operators in the
Faridabad-Balabgarh region. During the year-long legal proceedings, the court issued several
directives to mining companies in the area. After reviewing a government report, the court
ordered the closure of mines within a 5km radius of Badkal Lake and Surajkund, popular tourist
Alan Dershowitz quote: It's every lawyer's dream to help shape the law, not just react to
it...., ENQUOTED, https://www.enquoted.com/alan-dershowitz--it-s-every-lawyer-s-dream-to-help-shape-the-lawnot-just-react-quote.html (last visited Sept. 14, 2023).
11
M.C. Mehta v. Union of India (Kanpur Tanneries - 22-9-87), (1987) 4 SCC 463
12
See Supra Note 3
13
M.C. Mehta v. Union of India, (2008) 17 SCC 294
14
M.C. Mehta v. Union of India, (2004) 12 SCC 118
10
6
spots. An interesting twist occurred when the respondents' counsel argued that the mining
operations affected only a limited area, making the 5km restriction unreasonable. This led to
the judiciary taking a proactive role in instructing both the state and central governments to
take necessary measures to restore the area's beauty and attract tourism, which was a significant
economic driver. In essence, M.C. Mehta's PIL prompted the court to address pollution issues
caused by mining activities near tourist destinations, resulting in directives to protect the
environment and promote tourism-driven economic growth.
He also fought for the safety of teachers and students of Jawaharlal Nehru University in 1987
when he moved to the Supreme Court exercising his constitutional right under Articles 32 and
21 of the Constitution of India for the purpose of saving these teachers and students from the
hazardous radiation of the Gamma Chamber. The Gamma Chambers are irradiators being
extensively used in various universities, academic and research institutions for research and
development purposes. And, it was extensively being used in this particular university, which
was immediately put to a stop through this PIL.
Moreover, He extensively lobbied for lead free gasoline and bought its introduction in India.
The landmark judgment of the Vehicle pollution case15 of 1991 led to several pivotal directives.
Notably, mandates were issued to make lead-free gasoline accessible across the entire nation.
Moreover, recommendations were put forth to promote the utilization of natural gas and
alternative fuels in vehicles throughout India. The rollout of lead-free gasoline commenced in
the four major metropolitan cities in April 1995, coinciding with the mandatory installation of
catalytic converters in all newly registered cars from that date onward. Apart from these notable
cases, M.C Mehta has almost single-handedly obtained about 40 landmark judgements and
numerous orders from the supreme court against the polluters.
CRUSADE FOR THE RIGHTS OF CHILDREN
But his work was not limited to environmental activism. He passionately stood up for children,
those who had no one to stand up for their rights. Childhood is meant to be a time of innocence,
laughter, and dreams. It is a period when children should be nurtured, educated, and allowed
to explore the world around them. But not everyone has the privilege to the childhood of such
a nature, some children’s realities are far from this golden ideal and instead clouded by the
M.C. Mehta vs Union Of India And Ors, Supreme Court Of India, Mar. 14, 1991, 1991 SCC (2)
353 (India), https://indiankanoon.org/doc/1488667/ (last visited Sept. 15, 2023).
15
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darkness of injustice. This injustice can come in many forms. In state of Odisha, many children
used to be put into prisons for really pity reasons and sometimes even for no reason at all. They
were then subjugated to police and inmate brutality and violence and had to live in extremely
abusive conditions. These children came from marginalised backgrounds and therefore had no
one to take them out of this situation or fight for them. M.C. Mehta, upon been aware of this
situation and the brutalities these children undergo, filed a petition in Supreme Court in 1984
for challenging the unjust and unreasonable detaining of children in extremities of prison and
for their immediate release. The delay for access to justice, torture and deprivation was the
main cause of this case. The Hon’ble Supreme Court examined how children were routinely
arrested without any reason or for petty offences, found evidence of use of fetters, handcuffs
as well as solitary confinement, torture and the exploitation of children in the prison cells. After
a long fight a large number of children were released from prisons.16Mehta has worked on more
tan 40 cases like these and made transformations through his selfless actions , bringing justice
to countless individuals.
CONCLUSION
M.C. Mehta is not just a lawyer, but a fighter, who fights for his rights and the rights of his
people. Raising your voice against the one who is unjust is an imperative for any change to
take place. Mehta is an epitome of an example, whose existence proves the power of one man
and how one voice can make a larger change. In fact, the courage to go against the unjust,
especially the ones with power, lies at the core of great advocacy. The very essence of advocacy
is about the commitment and dedication to confront disparities, injustice and oppression with
absolute determination. Whenever one’s rights are trampled upon, when voices are silences
and inequities persist, one must have the courage to fight for himself and for the ones who yet
do not have the same privilege to fight for themselves. In the broad fabric of human existence,
this echo of advocacy remains as a clarion call for justice. From the emancipation of oppressed
peoples to the promotion of civil rights and the preservation of our planet, advocacy transcends
time and circumstance. It is a monument to our ability to face injustice and embrace our shared
humanity. It empowers us to construct a future that represents the principles of equity,
compassion, and justice and reminds us that raising our voices against injustice is not a choice
M.C. Mehta vs State Of Orissa And Ors, Supreme Court Of
India(India), https://indiankanoon.org/doc/1048505/ (last visited Sept. 27, 2023).
16
8
rather it is a call to sustain the moral compass that guides our collective journey towards a more
just and equitable society.
And therefore, one must stand for themselves and for their people and believe that their voices
hold a great power, the power to transform the realities. In fact, all minor and major changes
and reforms as well as the societal progress is the result and culmination of someone’s courage
to speak up against the unjust. Leonardo da Vinci has eloquently encapsulated this idea by
stating that “Nothing strengthens authority so much as silence.” The life and journey of this
Environmental crusader- M.C. Mehta stands as a living proof of how law can be a powerful
tool through which this fight for justice can be won. The world should not merely be inspired
from stories of exemplary men like these but aspire to have the courage to be one. The world
filled with more M.C. Mehtas will certainly be a beautiful one!
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BIBLIOGRAPHY
CASES
M.C. Mehta v. Union of India (Kanpur Tanneries - 22-9-87), (1987) 4 SCC 463 __________ 6
M.C. Mehta v. Union of India (Shriram - Oleum Gas), (1987) 1 SCC 395 _______________ 5
M.C. Mehta v. Union of India, (2004) 12 SCC 11___________________________________ 6
M.C. Mehta v. Union of India, (2008) 17 SCC 294 _________________________________ 6
M.C.
Mehta
vs
State
Of
Orissa
And
Ors,
Supreme
Court
Of
India(India), https://indiankanoon.org/doc/1048505/ _____________________________ 8
M.C. Mehta vs Union Of India And Ors, Supreme Court Of India, Mar. 14, 1991, 1991 SCC
(2) 353 (India), https://indiankanoon.org/doc/1488667/ ___________________________ 7
WEBSITES
Alan Dershowitz quote: It's every lawyer's dream to help shape the law, not just react to
it...., ENQUOTED, https://www.enquoted.com/alan-dershowitz--it-s-every-lawyer-s-dreamto-help-shape-the-law-not-just-react-quote.html _________________________________ 6
Arju Sharma, Mahesh Chandra Mehta - One Man Enviro-legal Brigade | BeAnInspirer, BE AN
INSPIRER (Oct. 12, 2018), https://www.beaninspirer.com/mahesh-chandra-mehta-one-manenviro-legal-brigade/?expand_article=1 _______________________________________ 4
Goldman Environmental Prize, MC Mehta: 1996 Goldman Prize winner, India, at 0:551:00, YOUTUBE (Aug. 21, 2013), https://www.youtube.com/watch?v=PX2v30tka0E ______ 5
M.C.
Mehta
-
Goldman
Environmental
Prize, GOLDMAN
ENVIRONMENTAL
PRIZE, https://www.goldmanprize.org/recipient/mc-mehta __________________________ 3
Mahesh Chandra Mehta, Mahesh Chandra Mehta-Great Indians, Greatmen-Mahesh Chandra
Mehta, BLAZONSART.COM
FEW DISTANCE FROM AWAY HOME,
https://blazonsart.com/m-c-
mehta.html _______________________________________________________________ 4
Pujari Dharani, MC Mehta Vs Union of India & Ors [Oleum Gas Leak Case], LAW
CORNER, https://lawcorner.in/mc-mehta-vs-union-of-india-ors-oleum-gas-leak-caseanalysis/_________________________________________________________________ 5
10
Team Probono India, HTTPS://PROBONO-INDIA.IN (June 2020), https://probono-india.in/IndianSociety/Paper/522_ProBono%20India%20Case%20Compilation%20of%20M%20C%20M
ehta%20Cases.pdf (last visited Sept. 13, 2023).; M.C. Mehta vs State Of Orissa And Ors,
Supreme Court Of India(India), https://indiankanoon.org/doc/1048505/ ______________ 3
RESEARCH PAPERS
Sida Liu Ching-Fang Hsu and Terence C. Halliday, Law
as
a
Sword,
Law
as
a
Shield (2019), https://doi.org/10.4000/chinaperspectives.8798 ______________________ 4
11