Talking Water: Greening India
Environmental Lawyer M.C. Mehta
with Bandana Malik, Waterkeeper Alliance

Often referred to as the one-man environmental brigade, M.C. Mehta has battled India’s worst environmental offenders in the Indian Supreme Court and emerged victorious. The 1996 Goldman Prize winner speaks to Waterkeeper about his work, the environment and what it takes to create meaningful change.

Malik: Mr. Mehta, you are one of the most widely-recognized and highly-esteemed environmental lawyers in the world. How did you find your way into this work?

M.C. Mehta: I was at a social gathering one day when a stranger approached me and said, “I have a poor opinion of lawyers today. They don’t care about anything besides making money.” I looked at him and said, “What is your problem?” He said, “The Taj Mahal is dying. It is loosing its luster and no one cares.”

I went home very perturbed. I always believed that lawyers had ethics and the responsibility to be good, conscious citizens. I began reading about the Taj and was fascinated by the human skill involved in its creation. But then I also read about the foundries, chemical industries and refineries that were throwing thousands of kilograms of toxins into the atmosphere hourly. I thought, “If the Taj can get marble cancer, what is the fate of human beings, who are much more susceptible to pollution?” From there I filed my first environmental case in 1984 in the Supreme Court of India. It was very risky because public interest litigation was not common in India at that time.

Malik: You defended many social justice cases before defending your first environmental case. Were the environmental cases a logical progression of the social justice cases you handled?

Mehta: People often speak about human rights as if each right exists in a separate category. They speak of the women’s rights, children’s rights, worker’s rights and so on. I believe that all of these things are interrelated. At the top of everything is the environment. If we are not living in a safe environment and we are not breathing fresh air, drinking clean water, eating safe food, then we cannot be healthy strong citizens regardless of who we are.

Malik: Many of the cases you argued were based on the Indian Constitution’s “Right to Life.” Could you tell me more about why you used this article to argue for a “Right to a Healthy Environment”?

Mehta: In 1984 someone had thrown a match into the Ganga, India’s holiest river, and it burst into flames. The level of effluents from polluting factories was so great that the fire stretched one mile and reached 20 feet high. I filed a case the following year against some of the factories. It was a landmark case because the Supreme Court agreed that the “Right to Life” really means that we should live a life with clean air to breathe, safe water to drink and natural resources to enjoy. Only then can a citizen remain healthy and that is the real “Right to Life.”

Malik: The Waterkeeper movement is rooted in the Public Trust Doctrine, the principle that the shared environments, the water, air, fisheries and commons belong to the public. Can you tell me how the Public Trust Doctrine has been used in India to protect the environment?

Mehta: The Public Trust Doctrine has become the law of the land in India. This happened in one of my cases after I challenged the former Minister of Forests and Environment. He owned a motel on the banks of Beas River in north India. The minister diverted the course of the river to beautify his property. I challenged him in the Supreme Court, because if everyone did this, natural resources would only be available to the few, and all others will be deprived of them.

The court ordered that the Public Trust Doctrine will be the law of the land, and said that public resources cannot be used for private purposes. These public resources are gifts of nature for all living beings. The river which was diverted was to be restored to its real glory.

Malik: India has very strong environmental laws on the books, and in some cases, more advanced than any nation in the world. However, there is a huge gap between the laws on paper and respect for the law. As citizens, how do we work to bridge that gap?

Mehta: Yes, these laws are toothless wonders in many ways. I believe that the government of India and the state governments will never be able to protect the environment as long as they are playing in the hands of the big and vested interests. Unless they change their policies and attitude towards the environment, they will not be able to protect it. The government should be pro-people, pro-environment and pro-natural resources.

I’ve also realized that the environment cannot be protected unless it is a people’s movement. It is very important that lawyers, non-governmental organizations, legislators, parliamentarians and our leaders are sensitized about these issues. If people become aware and know what is happening to their life and health, then people will raise their voice. Once they raise their voice, the government will think green. If the people are empowered through information, through knowledge, through education, then they will be able to counter the mighty industrial and political giants.

Malik: India is fascinated by growth and industry. How do you deal with some of the criticism that comes from individuals who believe that as an environmental advocate you are against development and industry?

Mehta: I am not against development at all, but this development should be sustainable. I have seen industries that were polluting, and are now running short of the resources they need to run their operations. These same facilities now bring water from 100 to 200 miles away and are realizing that their activities are unviable. The individuals who run the industries, they need oxygen to breathe and they need water to drink. All of us need natural resources to survive.

Malik: Right now India’s waterways are facing extinction because of pollution, dams, privatization, over-extraction and climate change. Is there an issue that concerns you most?

Mehta: The situation in the entire county is very bad. All of our rivers, lakes and groundwater are polluted beyond contamination. All of the issues are important, whether it is dams, climate change or pollution. I am concerned about all the issues because we really can’t afford to keep quiet about anything.

Malik: After winning the Magsaysay Award, you used the prize money to set up the M.C. Mehta Foundation. Could you tell me more about the activities of the foundation?

Mehta: We have worked with over 500 non-governmental organizations on environmental issues, sharing our experience in environmental law, information and policy. These organizations are the nation’s hope for the protection of the environment. We also train young lawyers from India, Nepal, Pakistan, Sri Lanka and Bhutan. We organize conferences and talks and host an eco-camp for children. These children are taken deep into the Himalayas, to see the flora and fauna, to see the animals so they can create a bond of affection toward the environment. We are working in many different areas and are doing whatever is possible.

Malik: Who are some of the individuals or thinkers that have influenced you the most?

Mehta: There are many, many people who have influenced me. I don’t think it is a question of confining it to a few individuals. People who do social service work or environmental work have had the greatest influence on me. And, in our country we have many people who are poor and illiterate, but are protecting the environment and the people in their own humble way, at the pure grassroots level. These people have had a profound influence on me. They have carried a wealth of knowledge for generations and they are trying to pass it down to future generations. They understand that there are great challenges coming our way. Our politicians and many of us can learn a lot from them.

Malik: What are your visions and hopes for India’s environment?

Mehta: I want India to realize its own greatness. We have a rich culture, with tradition, wisdom and knowledge that has been passed down through centuries. The country is still very vibrant in its own way. But it will become even greater if we come back to our own ways. We should not copy the Western model of development. My dream is also that the younger generation comes forward. The politicians have a very old way of thinking. The younger generation should replace the older generation, and they should be really dedicated to the cause.

Malik: Would you like to offer any words to our Waterkeepers in India?

Mehta: I have a deep respect for those who are involved in the conservation of water and the protection of rivers. All civilizations have been groomed upon the banks of rivers. The work that they are doing is really important and in working on these issues they are bringing forward the truth, and this makes me very, very happy. w