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Published 21:39 IST, January 30th 2025

SC Pulls Up Tamil Nadu Govt Over Dumping of Tannery Waste in Palar River

Supreme Court directed Tamil Nadu government to provide compensation to the aggrieved to mitigate pollution in Palar River in Tamil Nadu

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SC pulls up Tamil Nadu Govt over dumping of tanneries in Palar River
SC pulls up Tamil Nadu Govt over dumping of tanneries in Palar River | Image: X

New Delhi: Observing the right to life also included the right to a pollution free environment, the Supreme Court on Thursday passed directions, including compensation to the aggrieved, to mitigate pollution in Palar River in Tamil Nadu due to the discharge of untreated effluents from local tanneries.

A bench of Justices J B Pardiwala and R Mahadevan said, "The state, so as to sustain its claim of functioning for the welfare of its citizens, is bound to regulate water supply by safeguarding, maintaining and restoring the water bodies to protect the right to healthy water and prevent health hazards." Observing tanneries were among "the most polluting industries", the top court said the damage caused by them by discharging untreated or partially treated effluents into the River Palar and surrounding areas resulted in an "irreversible damage to the water bodies, groundwater, and agricultural lands”.

Authoring a 116-page verdict, Justice Mahadevan asked the Tamil Nadu government to set up a panel headed by a former high court judge to assess and remediate the ecological damage.

The bench said the state government in consultation with the Centre within four weeks should constitute a committee headed by a retired high court judge and other members comprising secretaries of state and central departments, environmental experts, representatives from the affected communities aside from any other person it deems fit to conduct an audit to identify, maintain and create a clean and healthy environment in Vellore district.

The verdict addressed the environmental degradation caused by tanneries, which dumped untreated waste into the river, rendering it unfit for drinking and agricultural purposes.

"Nature and its elements have been worshipped as Gods since time immemorial… However, over time, human greed has led us to forget this wisdom, treating nature as expendable at our expense and that of future generations. The degradation of the natural resources and pollution of different kinds have a cascading effect on the environment, which now is a global issue and poses a threat to the very existence of our planet,” it said.

The ruling came in response to petitions filed by the Vellore District Environment Monitoring Committee and the All India Skin and Hide Tanners and Merchants Association, against the previous orders of the high court.

The verdict said the Tamil Nadu government must pay the compensation amount to all the affected families, individuals, if not paid already, in terms of the awards passed by the Loss of Ecology Authority within six weeks.

The court directed industries and municipalities to cease discharging untreated waste into the river immediately and ordered a court mandated quarterly inspections of tanning units.

It said the state government must implement a comprehensive rejuvenation plan for the Palar River, including de-silting and pollution removal.

The bench cautioned the failure to meet compliance standards would result in industry closures, license cancellations, and imposition of effluent charges.

“The state government is also directed to recover the compensation amount from the polluters, if not already recovered, by initiating proceedings under the Revenue Recovery Act or through any other means permissible by law,” it added.

The court said tanneries must ensure proper working conditions, provide protective gear, conduct annual health check-ups, and comply with labour laws.

On the issue of public awareness and transparency, the verdict said the pollution reports and water quality data must be made publicly accessible.

The judgement urged investment in eco-friendly technologies and the establishment of ethical and sustainability certification for the leather industry.

Vellore District, home to over 600 tanneries, is a major hub of India’s leather industry.

While the sector significantly contributes to the economy, the court observed its devastating environmental impact and said pollution contaminated groundwater and farmlands, impoverishing local farmers and causing severe health issues among residents and tannery workers.

The court acknowledged tannery workers, especially women, face hazardous working conditions comparable to those of manual scavengers.

The verdict underlined the Doctrine of Public Trust, Principle of Sustainable Development, and the Right to a Healthy Environment, asserting pollution infringed upon the fundamental right to life under Article 21 of the Constitution.

"This environmental degradation has impoverished local farmers and caused immense suffering to the local residents and the tannery workers, thereby endangering public health and life. In fact, it would not be wrong to say that the condition of tannery workers is no better than that of manual scavengers,” it said.

The idea of the Polluter Pays Principle, though seemingly progressive, must be carefully examined to ensure it does not result in the emergence of a "right to pollute" for those who are financially capable or willing to pay, it added. 

(Except for the headline, this story has not been edited by Republic and is published from a syndicated feed.)

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Updated 21:39 IST, January 30th 2025