The Supreme Court, led by Chief Justice DY Chandrachud, addresses concerns for public health and welfare in Vedanta’s copper smelter reopening case. Suggestions of an expert committee to assess environmental safeguards are made, but Tamil Nadu raises opposition citing pollution evidence. The case dates back to the 2018 closure order by the Tamil Nadu Pollution Control Board, later upheld by the Madras High Court.
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NEW DELHI: On 21st February, the Supreme Court of India has expressed its concerns regarding the welfare of the populace in relation to Vedanta’s plea for the resumption of its copper smelter in Tuticorin, Tamil Nadu. The apex court’s deliberations reflect a broader contemplation on the impact of industrial activities on community health and the environment.
A bench led by Chief Justice of India DY Chandrachud, along with two other judges, engaged in a critical examination of Vedanta’s request, emphasizing the paramount importance of public health and welfare.
“We have to protect the health and welfare of the people. They are voiceless people, and they all cannot come here. We cannot be oblivious to the wider concerns of the community,”
– the bench stated,
Highlighting the court’s duty to consider the broader implications of its decisions on the community.
The court’s remarks came in response to senior advocate Shyam Divan’s representation of Vedanta, where he pointed out that the environmental clearance for the facility was granted back in 2007 and had not faced legal challenges since.
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However, the bench responded by indicating that while an immediate directive to resume operations might not be feasible, it is open to setting conditions through an expert panel to explore how the plant, categorized under the ‘red’ category for its high pollution potential, could restart operations by adhering to stringent environmental safeguards.
The Supreme Court also refrained from critiquing the High Court’s stance on the matter, acknowledging that Vedanta’s application for renewal could prompt a reevaluation of the plant’s status and the conditions for its operation.
“We also do not want to find fault with the High Court because if Vedanta applies for renewal, then they can look beyond closure and state of industry today. You cannot fault the High Court entirely. You cannot say that only five grounds are looked at, and the expert committee remit cannot be restricted. We cannot take a strict administrative law approach in this,”
– the Chief Justice articulated.
The bench further elaborated on the gravity of preemptively overturning the High Court’s decision without thorough consideration of the environmental implications, underscoring the moral responsibility that would accompany any adverse outcomes.
“If we take upon ourselves and reject the HC order and three years later, we see that there is a leak, then imagine the moral responsibility will be on us,”
– Chief Justice Chandrachud remarked, illustrating the cautious approach the court intends to adopt.
In the proceedings, senior advocate Divan proposed the establishment of an expert committee, including representatives from the Tamil Nadu Pollution Control Board, the Ministry of Environment, Forest and Climate Change of India, the National Environmental Engineering Research Institute, Vedanta, and other officials, with a retired Supreme Court justice as its head. This committee would assess the feasibility of resuming operations at the copper smelter plant with enhanced environmental safeguards within a month.
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Contrastingly, senior advocate CS Vaidyanathan, representing Tamil Nadu, opposed Vedanta’s submissions, citing previous findings of pollution by various committees and emphasizing the precedence of environmental protection over economic interests.
“Committee after committee has found evidence of pollution. It is a highly polluting industry. This court has held that economic interests will pave the way for environmental protection interests,”
-Vaidyanathan argued.
The Chief Justice reiterated the potential for a committee to set operational conditions, with the caveat that failure to meet these conditions would result in the plant’s continued suspension. The hearing is set to continue, reflecting the ongoing legal and environmental scrutiny surrounding the Vedanta copper smelter.
In 2018, the Tamil Nadu Pollution Control Board mandated the shutdown of the Sterlite Copper Plant due to extensive protests by local residents. The community voiced serious apprehensions about severe pollution, alleging that the facility played a role in the proliferation of diseases.
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The order was subsequently affirmed by the Madras High Court in August 2020. Vedanta, the company owning the plant, has contested this decision in the Supreme Court. This legal battle marks a crucial juncture at the crossroads of industrial progress, environmental well-being, and public health.