DB disposes of PIL to stop with immediate effect the use of surfactants in synthetic/chemical detergents in lakes, rivers, streams

STATE TIMES NEWS

JAMMU: In a Public Interest Litigation (PIL) filed by Indian Council for Enviro Legal Action, Ashok Sharma, the Division Bench of Jammu & Kashmir and Ladakh High Court comprising Chief Justice N Kotishwar Singh and Justice Mokhsa Khajuria Kazmi disposed of the PIL with the direction to respondents to treat this writ petition as representation on behalf of the petitioner and redress the grievance projected in the writ petition in accordance with law by passing a speaking order. The present Public Interest Litigation has been filed by the petitioner, praying for the following reliefs seeking direction to stop with immediate effect the use of surfactants in synthetic/chemical detergents in the lakes, rivers, streams in the State of Jammu and Kashmir and also seeking direction to form an independent Expert Committee along with scientists from Central Ground Authority and Central Pollution Control Board to examine along with two or more independent Experts to determine the extent of damage caused to water bodies due to pollution caused by synthetic detergents and suggest alternatives which can replace chemical detergents; and directing respondents to make it mandatory to label the packaging of chemical detergents indicating all hazardous chemicals for the information and protection of the consumers. DB observed that the petitioner, an Indian, Council for Enviro-Legal Action is a registered voluntary organization working for the protection of the environment, rivers; and lakes and has been fighting against pollution and preservation and protection of environment. The petitioner through the present WP(C) PIL No. 19/2020 has raised voice against air, water, soil pollution, deforestation etc. It is stated by the petitioner that the situation throughout the country with reference to water contamination exhibits utmost environmental stress on natural resources. Pollution is caused due to use of chemical detergents in households, hotels, laundries and factories etc. Such hazardous chemical effluents are either directly discharged into drains, streams, lakes or find their way into surface water bodies. In this Public Interest Litigation, the main issue raised, amongst others, is that the pollution caused by harmful chemicals in detergents is severely contaminating the surface and ground water leading to toxicity of drinking water and soil which ultimately has great impact on the health and life of human beings, animals and entire ecosystem. The facts reveal that the petitioner has in furtherance of its grievance made written request to respondent No.1 vide its letter dated 02nd November 2019 for taking steps to ensure the control/stoppage of the use of surfactants in synthetic/chemical detergents causing most harmful effect on human population and contamination and nutrient pollution in the water bodies in UT of J&K. As is evident from the record, he has also sent a reminder dated 25.05.2020, but no heed has been paid to the repeated requests of the petitioner till date. Aggrieved by the inaction of the respondents in relation to the request made by the petitioner, the petitioner has approached this Court by way of instant Public Interest Litigation. Thus, a prayer has been made to direct respondent No.1 i.e Secretary, Ministry of Environment, Forests and Climate Change, Government of India, Paryavaran Bhawan, New Delhi to stop with immediate effect the use of surfactants in synthetic/chemical detergents in the lakes, rivers, streams in the State of Jammu and Kashmir. The petitioner further sought a direction to respondent Nos. 1 to 3 to form an independent expert committee along with scientists from Central Ground Water Authority to examine and determine the extent of damage caused to water bodies due to pollution caused by synthetic detergents and suggest alternatives which can replace chemical detergents. DB observed that in a matter of this nature, particularly, when it affects the public health if it is ultimately proved, courts cannot afford to deal lightly with cases involving pollution of air and water. Those who discharge noxious chemical detergents into streams, rivers or any other water bodies which inflicts on the public health at large, should be dealt with strictly de hors to the technical objections. Since escalating pollution level of our environment affects the life and health of human beings as well as animals, the courts should not deal with such type of issues in a causal or routine manner. Dmittedly, the pollution caused by harmful chemicals in detergents is severely contaminating the surface and ground water leading to toxicity of drinking water and soil and ultimately putting at risk the health and life of human beings, animals and entire ecosystem. The issue involved in this PIL needs immediate attention and remedial measure(s) to prevent the usage of harmful chemicals in detergents. In that view of the matter, for immediate redressal of its grievance, DB suggested to counsel for the petitioner that in case the petitioner approaches the appropriate Authorities, a direction would be issued to the concerned Authorities to do the needful. Learned counsel appearing for the respondents also stated that the petitioner can approach the concerned Authorities for redressal of its grievance. Counsel for the petitioner, having agreed to the suggestion made, submits that the petitioner would feel satisfied if this writ petition is disposed of directing the respondents to treat this writ petition as representation on behalf of the petitioner and redress the grievance projected in the writ petition in accordance with law by passing a speaking order . DB order accordingly. It shall be the responsibility of the petitioner to serve a copy of this order along with complete paper book to the respondents who shall consider and decide the same within two months from the date copy of this order along with complete paper book is served upon them. It is made clear that in case the respondents find that some remedial measures are required to be taken, the same shall be taken by them without any delay. A liberty is granted to the petitioner to approach this Court again, if cause survives.