MINING AND ENVIRONMENT: INDIAN LAW SCENARIO

Author(s): C.M. Jariwala

Source: Journal of the Indian Law Institute , OCTOBER-DECEMBER 1995, Vol. 37, No. 4
(OCTOBER-DECEMBER 1995), pp. 431-441
Published by: Indian Law Institute

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 JOURNAL OF THE INDIAN LAW INSTITUTE

Volume 37 OCTOBER- DECEMBER 1995 Number 4

MINING AND ENVIRONMENT : INDIAN LAW SCENARIO

C.M. Jariwala*

1 Introduction

THE FRONTIERS of the mining stress areas in India are expanding.1 If we g

north to Mussoorie, Dehradun Valley, the mines have covered an area of 40 s
kms. The well known Singrauli coal mines are spread in 220 sq. kms. involvin
two states, i.e., Uttar Pradesh and Madhya Pradesh. And going down south,
particular Goa, 50,000 ha. of forest land is destroyed by the indiscriminate minin
activities. The major states affected by the mining activities are Rajasthan an
Bihar. However, the States of Karnataka, Tamil Nadu, Madhya Pradesh and Ut
Pradesh and some of the other states are also given place on the map of min
activities in India.
The Government of India has been making a tall claim of extracting large
quantities of minerals helping on the one hand the developmental process, and on
the other, earning foreign exchange. It is taking the proud privilege of becoming
one of the larger/largest producers of coal, mica, bauxite and other mineral
resources.2 But the Reference Annual published by the Government of India does
not portray any corresponding picture about the state of environment in and
around mine areas. Does it not retard the growth of the nascent fundamental right3
to environmental information? There are reports and researches which tell a very
sad story of the state of affairs in and around the mine areas.4

* LL.M.. Ph.D. (Lond.), Professor of Law. Bañaras Hindu University. Varanasi. Member, Environ-
mental Law Commission. Switzerland and International Environmental Law Council. Germany.
1. K.S. Validiya, "Environment Impact of Mining", in Mining and Environment in India 29-51
(1988).
2. See, for example. India - A Reference Annual , 551-6 (1994).
3. LLC. of India v. Manubhai Shah , A.I.R. 199? S.C. 171; W.B. Power Der . Corpn. Ltd. v. Union
of India, A.I.R. 1990 Cal. 125. See for a detailed discussion. C.M. Jariwala. "The Right to Environmen-
tal Education and Information: The Enieiging Indian Environmental Law Vision", a paper presented at
the Bareilly Conference on Human Rights. 1994.
4. Jaitli, Gupta, et ai. "Sandstone Mines Eating into their l.ungs", in The Hindu - Suney of the
Environment 81(1993). See also. G.I.. Tandon. "Scenario of Environmental Status in Coal Mining in
India" in B.B. Dhar (ed.). Environmental Management of Mining Operations 17 (1990).

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432 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 37 : 4

II III effects of mining activities

It is true that mines have made an important contrib

minerals and other natural resources to the develo
Further, the minerals extracted have played changing
adornment for God and Goddesses, commercial comm
multi-purpose uses. If we celebrate such developments
of myth. The other side of mining activities have to t
of sufferings, miseries and innumerable sad stories. A
effect of mining activities on the components of environ
out the direction of the balance sheet of the prof
environment. Starting with the human health of pers
living around the mines, the mining activities have ca
hemolysis, aveolar lipoproteinosis, lung firosis, pheu
persistent cough, respiratory, opthalmic, and ear drum
birth, infertility and what not.5 Man's habitat is dis
displacement of the tribais and idivasis who are an in
There are reports that thousands of people were displa
and at times a large number of villages were evacuated
fauna have not been spared. The rare species of plant
driven almost to the verge of extinction. The Report of t
Department of Environment has given an extensive off
in and around the mines. The Report concentrates on f
noise and soil.7 So, where lies the balance? Can it not
of India to get the status of developed state has allow
supersede the environment.
Table I below narrates the entire journey of the mining

III Directions of law and justice

In this gloomy scenario of the Indian environment, we

before the state and efforts made by the legislature
directions emerge out of the above exercises. And this wi
closing point of : How best can we evolve a friend
development and environment?

5. See. Bamejai, et al. "Trace Element Burden and Human Health

(ed.). id. at 54. Jaitli. et al. id. at 81. Maheshwari Prasad, "Chotanag
Seminaron Environment, Sustainable Development. and Human flea If
6. See for example. Times of India, 17 Jan., 26 Sept.. 7 and 1
Displacement and Rehabilitation of Tribal and Scheduled Caste Pop
(199?): V. Dhagamwar. "Rehabilitation Policy and Institutional Chan
Thukral (ed.). Development Displacement ami Rehabilitation (1987)
7. See, Ramnathan and Mehta. Repon on Guidelines Jor integrating
Exploitation of Mineral Resources (1988 ).

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1995] MINING AND ENVIRONMENT : INDIAN IA W SCENARIO 433

TABLE I

Environmental impact of opencast coal mining and allied activities

SUSPEMOF.D 1FREE SILICA i EXCESS SO« , rnA1 ACll

,

PARTICULATE COAL PARTICLES ACIO MINE EXCESOS TDS /LT-'.! AND | NOISE
MATTER
OXIOES OF SULPHUR
OXIDES OF NITROGEN

CARBON MONOXIDE
POLYAROMATIC HYDROCARBON

FLYASH

V'^ §iz ¿y ^y

POLLUTION V<-
V /

V ^
TYPES OF J L IMPACT ON
A f

I surfacepollution] ļ^uuMinf^cE Pm i uiionJ

ł j

(ATMOSPHERIC
(ATMOSPHERIC POLLUTION
POLLUTION I |AM0
1 I |AM0 SOILSOIL
I L AND POLLUTION | | POLLUTION
OIST POLLUTION UROANCESļ

,
CLIMATIC NOISE g ; G:">U-in A'Al T P
VARIATION
TEMPERATURE

INVERSION
TEMPERATURE

INCREASE

ACIO RAINFALL

PLANT -J n zuî S STREAMS

RAINFALL INCREASE 5 S n S

REDUCTION IN

VISIBILITY
REOUCTION INLANDS

SUNLIGHT

(1) General

So far as the state is concerned, it is under two obligations, viz., (/) constitu-
tional obligation - article 48A8 - to protect and improve the environment and to
safeguard the forests and wild life of the country, interpreted by the Rajasthan
High Court to give birth to the right to live in a clean environment;9 and 07) the
fundamental duty - this is emerging from the judicial activism under article 21 of
the Constitution of India, wherein the High Courts and Supreme Court10 developed
time and again the right to environment. Apart from these obligations, Part IV of

8. See for detailed discussion, C.M. Jariwala, "The Constitution 42nd Amendment Act and the
Environment" in S.L. Agrawal (ed.), Legal Control of Environmental Pollution 1 (1981).,
9. L.K. Koolwal v. State, A.I.R. 1988, Raj. 2. See also. C.M. Jariwala. "Emerging Right to Environ-
ment: An Indian Perspective" in International Conference on Shaping the Future by Law: Children,
Environment and Human Health, New Delhi, Souvenir 69 (1994).
10. See the detailed treatment in C.M. Jariwala, ibid.

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434 JOURNAL OF THE INDIAN LAW INSTITUTE [Vol. 37 : 4

the Constitution of India also provides other obligat

(0 the operation of economic system does not result in
39(c)); (ii) the health of weaker section is not abuse
assistance in case of sickness and disablement (artic
condition of work (article 42); (v) living wages (artic
least, (vi) to improve public health (article 47).
This brings us to the next question : Whose babies ar
public health? At the legislative level there is no com
and development of mines and minerals of labour an
to Parliament (List 1, Entries 53, 54 and 55) and rest of
legislature (List II, Entry 23). Environment is an exc
under article 248. 11 And public health is the exclusive
6). There are other related matters which are also dis
and states which, for example, include, (i) agricultur
subjects (List II, Entries 14, 17 and 18); and .07) for
animals and birds are concurrent subjects (List III,
we come to the executive level, there are separate m
health, agriculture, coal, mines, environment forest
survey shows that mining activity is under the control
governmental authorities. In this separate ministeria
dismaying fight between the ministers for developm

(2) Legislative approach

Coming to the legislations on mines, during the British Raj before .the Mines
Regulations the workers were considered as chattels and the whole concentration
was on maximum extraction of minerals to earn maximum profits out of the
private mines. The Mines Regulations and the British policies from 1877 down to
1900, apart from profit and revenues to the state, also, concentrated on the export
of precious minerals out of India. In this commercialised world negligible atten-
tion was paid to the condition of the mine workers. The most pitiable condition
was that of minors and women who were paid one tenth and one third respectively
of the man's wages. It was from 1923 to 1930, a period of labour unrest when the
general labour laws showed a change from rigid to soft or liberal approach
towards the labour class. And this is the reason that the mine legislations before
swaraj showed many concessions in favour of the mine workers so as to improve
their working conditions, including the maximum working hours, minimum
wages, creation of the mines labour welfare fund, medical and other facilities. The
minimum age for employment in mines was increased to 15 years. In 1937
employment of women in the mines was prohibited but in view of war, it was
withdrawn in 1943 but was reimposcd in 1946.
The mining laws of Tndia, that is Bharaf did not start with a clean state,
rather their infrastructure was based on the existing framework to the 'British Raj9
legislations. The vision of the Indian legislature, from the commencement of the
Constitution of India until three and a half decades thereafter, was confined to the

1 1. Parliament is enacting laws relating to environment under art. 252. 253 rather than in art. 248.

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1995] MINING AND ENVIRONMENT : INDIAN LA W SCENARIO 435

labour welfare measures only. The history of Indian mine law

Mines Act 1952 down to 1986 and the Mines Regulations framed
time to time support the above conclusion. In these legislat
expression environment did not find any specific place.
However, there were provisions for the protection of he
involved in mining processes in mines which included, (/) p
system; (//) protective equipments and improved methods of
barriers; (iv) periodic medical examination of the workers; (v)
no fouling or polluting stream or spring, etc. The Oil Mine
regulations 91, 94 and 96 imposed three responsibilities on the m
(/) to take precaution to reduce noise pollution in mines; (//
shall not endanger public health or contaminate fresh water
workers shall be properly educated. But these provisions show
mining laws only cared for the men inside the mine and ne
components of environment and their inter-relationship with
It was only on the 100th birth anniversary of the mining
provisions relating to environmental protection started find
legislation. The first long exercise was made in 1986 when the
(Regulation and Development) (Amendment) Act in its rule
enumerated, first, the rehabilitation of flora destroyed either in
some other area as the state may direct. The drawback of th
fauna and tribal and adhivasis were left out. Second , casual
when instead of compensating the outside barren land the sta
direct to compensate other land. There was no time limit fixe
the losses and any inordinate delay in the matter could degra
further.
The Mines Concession Rules 1987 took the environment protection still
further. They made two provisions, i.e., first the state shall assess the dam;řge done
to the land but they did not lay down any mathematics of lhe environmental impact
and further, it was not land alone which was adversely affected but the other
components of environment also polluted which should have been given a place
in the rules. Second ', the owner of mines was to compensate from his own pocket
for loss to the greenary by planting double the number of trees destroyed. This
rule, it is submitted, will not apply to mining activities on the land which was
already barren before the process commenced. But this interpretation will not be
in a correct perspective to improve the environment of that place. Lastly , the
present rules did not provide for any monitoring agency on such compensatory
measures.

The third important exercise was the Mineral (Conservat

ment) Rules, enforced with effect from 24 October 1988 which added a new
chapter on 'Environment' covering topics including the protection of environ-
ment, phased reclamation and rehabilitation of lands and restoration of flora,
precautions against air, water and noise pollution. The Rules further provided that
every holder of prospecting license shall, within sixty days from the date of
execution of the license, submit, to the Controller General and Regional Control-
ler, Indian Bureau of Mines a scheme of prospecting which shall indicate, inter

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 436 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 37 : 4

alia, the baseline information of prevailing environmen

operation and the environmental management plan ai
adverse effects of prospecting operations on the enviro
rules provided for a detailed environmental auditing o
gains at the prospecting stage. It may be noted that durin
mining laws, parallel developments were taking place
environmental law,12 the water pollution law 1974, the
the environmental protection law 1986 which prevent and
stream, the atmospheric pollution, and the environmen
There are provisions under sections 60, 52 and 24 (1) o
which say that the above specified environmental laws sha
except in section 24 (2) of the Environment (Protection
penalties under other Acts to operate if the same offence
also. The output of the present provision will be that t
to milder penalties under the mining laws as compared
ment under the present legislation.13
The above environmental laws do not specifically deal w
provisions for mines can be found in the central gover
mining and development activities had been badly affe
the Doon Valley so the central government by a notificati
on starting any mining activities in this region without p
Ministry of Environment and Forests.15 The notification
extracting ferrous and non-ferrous metals under the categ
be permitted in the Doon Valley.
The second notification16 required two types of clea
industries, (/) preliminary site clearance; and (//) envir
^ would be valid for five years. In this clearance proces
involved the peoples' participation, and second , the en
be assessed by a committee consisting of experts in the fi
water pollution control, flora and fauna survey and m
ment and representation of NGOs and environmental
notification of 1992 also put the mining activities in
Aravalli Range also employing the same as imposed un
above notification of 29 January 1991.
(3) Judicial response
This takes us finally to the judicial approach with respe
environment of the mining area. In this part, we will c

12. Por a detailed, study on Indian environmental law, see C.M. Jari
Indian Environmental Law", in Leela Krishnan (ed.). Law and Envir
13. Under mining laws the maximum penalties are imprisonment of t
whereas the Environment (Protection) Act 1 986 imposes maximum penalt
and fine of Rs. one lakh and Rs. 5000 per day for every day's further
14. Gazette of India, no. 465, 28.7.1989.
15. See. for similar provision for prior approval to use the reserved f
the Forest (Conservation) Act 1980. s.2.
16. Gazette of India, Extraordinary, pt.II, 29.2.1991. sub-s.3(/7).

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1 995] MINING AND ENVIRONMENT : INDIAN LA W SCENARIO 437

the Doon Valley case only17 as it was the first case of its ki
involving questions of great significance to the people of Ind
where the court started its journey on 12 March 1985 and continu
1991 - a six-year long exercise.
On 2 July 1983 the representatives of the Kendra wrote to the
about the alleged illegal mining activities carried on by nearl
which was causing a devastating effect on the environment o
region. The court treated this letter as a writ petition under a
by its First Order 17 ordered for forthwith complete closure
relatively more pronounced and serious effect on the enviro
mines having less pronounced impact on environment, the court
two: those within and outside the city limits. It was only in the c
category that the Supreme Court allowed such mines to opera
of the reports of four expert committees appointed by the co
Government to balance environment and development.
The present Interim Order was handed down by Bhagwati,
who tilted the balance on the side of environment as the Orde

[I]t is a price that has to be paid for protecting and safeguardi

of the people to live in healthy environment.

It may be noted that the court in this rigid wavelength did

the hardship of the lessees and mine workers. It directed th
Pradesh Governments to afford the displaced owner a priority in
new mining areas and the displaced workmen be employed in
The court, in order to see that its Order reached to the des
the District Authorities of Dehradun to see that no mine was ope
activity was carried on clandestinely. But the authorities di
correctly and the lessees continued with their mining activ
inspite of the court's order. The unfortunate part was that neith
ecociders were subjected to any punishment nor the inactiv
taught any lesson.
One more emerging dimension of the Order was that the a
on behalf of some of the lessees was directed to get rupees five t
the Union and the U.P. Government in recognition of the very
rendered by him to the court. Does not the assistance given b
experts point towards a need for a separate information technolo
The surprising part in the present case was that the court on
letter to be treated as a writ petition under article 32 of the Con
whereas, there was no claim of any violation of fundamental r
that the court had assumed itself that the right to live in a clean

17. Rural Litigation and Entitlement Kendra v. State of U.P. . A.I.R. 1985
(hereinafter referred lo as Doon Valley case). There were in all five orders and
Order - A.I.R. 1985 S.C. 1259; Misra's judgment (I) - A.I.R.1987 S.C.359; T
S.C.*2426. Misra's judgment (II) - A.I.R. 1988 S.C. 2187: Fourth Order - A.I.R.
Order - A.I.R. 1991 S.C. 2216.
18. Id. at 656.

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438 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 37 : 4

come to stay in article 21.

Misra J. 's judgment in Doon Valley case19 is the ne
tion. One aspect which may be appreciated in this
speaking for himself and Bhagwati C.J. put on reco
activising judicial process and directed the State of I
Kendra rupees ten thousand as the cost within one month
NGOs and environmental action groups to move the co
the environment of India.
There are misgivings in the present judgment which include the court's
inability to balance the environment and development when Misra J. opines:20

[It] is for the Government and the Nation and not for the court, to decide
whether the deposits should be exploited at the cost of ecology and
environmental considerations or the industrial requirement should be
otherwise satisfied.

The direction towards development also reflects in the scheme of balancing

of environment and development when Misra J. took the stand that the balanc
could be tilted in favour of environment if it affected in any serious way th
environment.21
Is not the present stand against what was said in the First Order?22 The court's
other Orders show that it tried to balance environment and development. In vie
of this fact, it is suggested that the court should be slow in abdicating its powe
of judicial review as has been advocated in the judgment. Second , Misra J. trace
the history of environmental consciousness from the year 1972 when the Unite
Nations Conference on World Environment was held in Stockholm. But the reality
has been that the dharma of environment had deep roots in the ancient Indian
society to which the ancient literature bears testimony.
In the Third Order2- the Supreme Court, consisting of Misra and Dutt JJ.
started diluting the rigid approach of 1985. The court, in the name of defence need
and burden on foreign exchange, took the stand that, mining activity has to b
permitted in the mines having less pronounced effect on environment/ The Order
says that such permission shall depend on the balancing of need of defence and
foreign exchange. on the one and the environmental protection on the other. Bu
the question remains: Will the war or war like conditions allow the above
balancing? It is a known fact that war dominates environment, and that is why war
is one of the dreaded enemies of environment.
The Supreme Court had allowed certain mines of lesser evil to operate but at
the same time a committee was appointed to monitor their working and in the
subsequent Doon Valley judgment24 the court decided about their fate. Misra J.

19. A.I.R.1987 S.C.359.

20. Id. at 363.

21. Id. at 368. (Emphasis added).

22. Supra note 17 at 656.
23. The D o ori Volley case, id. at 17.
24. Misra judgment, supra note 17.

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1 995] MINING AND ENVIRONMENT : INDIAN LA W SCENARIO 439

speaking for himself and Dutt J. allowed three mines to con

activities subject to certain conditions. It may be pointed out
as the basis for the above conclusion, (/) the involvement of the p
and huge investment; (//) unemployment; and (iii) one year's l
is submitted that these development related activities cannot
so pressing as to tilt the balance on its side. Moreover these c
be present in other ecociders and it will be discriminatory no
The positive contribution of the present judgment is the court
that its order/judgment reaches to the desired goals. For this
two important committees headed by leading experts in Ind
rehabilitation and monitoring committees. If these committee
work effectively and sincerely, they would work as a watchdog o
mining activities.
The drawback of the present innovative approach was that
role of the judiciary with respect to implementation of its order/
a short duration because Misra J. pointed out:25

It is not our intention to continue control over these matte

court is satisfied that the Committee (sic) are operating on the
we shall consider whether it is any longer necessary for
supervise their activity (sic).

It is submitted that the after judgment caring approach of the

be continued with the continuance of the polluting activitie
clandestine miners would silently and secretly eat away the
environment.
In the Fourth Order , the Supreme Court modified its previous order and the
permission of subjective operation to one of the mines was converted into no
permission to operate. The polluter had given an undertaking to the court that they
would operate only in 15 acres out of the 100 acres of land; and, further, they
would take all preventive and protective measures for the protection of environ-
ment. But the court, consisting of Misra and Venkatachaliah J J. remained un-
moved with the above cries of the eco-molestor.
The other appreciable finding was that the court had exposed the luke-warm
attitude of the government and environmental authorities who, inspite of being
nominated as members of the monitoring committee, did not care to attend the
meeting and deputed their subordinates to participate in the meeting. The court
directed the chairman of the committee that they may be dropped and two local
people from Dehradun and Mussoorie be co-opted in their place. It may be pointed
out that the governmental officials are under constitutional obligation and funda-
mental duty to protect and improve the environment and they cannot and should
not be allowed to take such matters so casually.
Coming to the Fifth Order1** the court, consisting of Misra C. J. and Sawant
J. came down with iron hands on the clandestine lessee who, under the permission

25. A.l.R. 1989 S.C. 594.

26. A.l.R. 1991 S.C. 2216.

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440 JOURNAL OF THE INDIAN LA W INSTITUTE [Vol. 37 : 4

of removing the leftout minerals, had indulged in fr

lessee was subjected to a penalty of Rs. 5 per MT of the f
which amounted to rupees three lakhs. This amount, t
within two months and to the fund of the monitoring c
is an eye opener about the mischievous behaviour of t
fundamental duty to protect the environment in his gre
mum profit out of the mining venture.
Apart from the Doon Valley case, a brief survey of ot
Supreme Court of India in other cases has not followe
In Tarun Bharat Sangh v. Union of India,21 the order
Sen and Venkatachaliah JJ. allowed environment to b
of development. A similar approach was also ado
Venkatachaliah and Sahai JJ. in case of protection of
Prathilla and Brahmyoni. On the contrary the Bench29 c
and Misra J. moved towards the development side as
court, compensate a tremendous setback in industrial act
The outcome will be that the greenary of Vindhya V
the habitats of tribais and adhivasis 30 would be disturbe
the thermal power station.

IV Conclusion

This brings us to the final question. What has been the Indian law sc
with respect to mine and its environment? It is an undeniable fact that the
processes have molested the environment in and outside the mines lea
living beings, flora, fauna and what not in great misery and stresses a fact w
remains unattended seriously by the government environmental protecti
cies. The net result is that the lessees are enjoining the freedom to degr
environment silently and secretively.
The history of mining law from the British Raj to the first two dec
Swaraj shows that the lust for the maximum mineral extraction resulte
minimum health care of the mine workers and least concern for the protect
environment. It was only at the platinum jubilee of the law of mines
environmental consciousness in Parliament and the Government of India started
emerging. The last one decade exercises showed merits and misgivings. The
bright side included, on the one hand, the care for flora and land, and on the other,
neo-environmental law control techniques: environmental auditing, clearance and
impact assessment. On the other side were, (/) leftouts of other components of
environment; 07) compensatory measures with no time schedule; and (Hi) new
innovations yet to be activised vigorously. Penalties remained unpenalised. The
mine was under many masters and the diffused responsibilities were good for the
27. A.I.R/f992 S.C. 514.
28. Surendra Ku. Singh v. State of Bihar, A.I.R. 1991 S.C. 1042.
29. Banwasi Seva Ashram v. State of U.P.. A.I.R.1987 S.C.374 at 376.
30. See. U. P.S.C, and S.J. 's Welfare Assoc. v. State of U.P., A.I.R. 1991 S.C.255, a case w
Venkatachaliah and Kasliwal JJ.'s Bench missed a micro-approach in the protection of the hab
Taungya settlers in the Shivalik range of Uttar Pradesh.

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1995] MINING AND ENVIRONMENT : INDIAN LAW SCENARIO 441

ecociders to evade the orders; and last but not the least, the righ
environmental education and information could hardly be nurtu
The need of the hour is, firstly , to have a comprehens
environmental legislation instead of having one medicine do
lems. Secondly, the law must not remain a police action tool but
as the guardian of environment. And lastly , the governme
accountable so that they leave inactivism and fulfil the const
protect and improve the environment."
The Indian judiciary, in its journey from Ratlam (1980) t
has been said, has performed its part, 4 4 well, boldly and with
In the present case law the judiciary started with great zeal to p
of the green hills but at the close of the legal battle the court
the rigid approach. But it must be appreciated that insp
technological problem and issues, the judiciary did not retreat f
rather it decided the dispute boldly against the enco-mafia. The
to the old procedural niceties, rather it evolved innovative tech
to suit the end of environmental justice which if expanded cons
a long way towards compensating and regaining the lost env
had a soft heart for the displaced person but iron hands fo
assaulted the green valleys. One of the noteworthy contri
judiciary did not close its eyes after handing down the
responsive for its proper execution, an after caring judicial
The court's journey in the mines' environment has left s
well. The judges at times rang the constitutional obligation
bringing the ecociders the 'fear not' approach. One of the tr
environmental justice was that the court did not handle bol
misactive government environmental protection agencies.
rigid environmental vision was at the time blurred by the
exchange interests. There was delay in the administration
justice, an inimical approch to the environment. And last b
court depended on outside technocrats for informations rat
own impartial infrastructure for the information resource
system with each individual justices. The above points hav
separate forum to administer environmental justice.
So what do we need now? All the organs of the state mus
constitutional responsibility to protect and improve the environ
come when the mine owners must shun the feudalistic ap
trusteeship concept in the socialist Democratic Republic of
the overall integrated approach depends upon the most im
environment, environmental literacy for which the fundament
mental education and information must be nourished.

31 . Soe, C.M. Jariwalä. "Environment A Justice: Journey from Ratlam to Mehta' ' a paper presented
at the National Seminar on Environmental Law, Policy and Perspectives. March. 1994, Madras. (Pro-
ceedings to be published shortly).

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