If you are stuck in such a situation, here is what to do.

Imagine a scenario where a new industrial policy is implemented, allowing factories in your city, let’s call it Aryavart Nagar, to use a cheaper but highly polluting fuel known as “Type-Z fuel.” A residents’ welfare association, led by a concerned citizen Mr. Aniket Sharma, notices a sharp decline in air quality and a rise in respiratory illnesses in the community. They believe the new policy, which benefits a large corporation named “OmniCorp Industries,” is the cause. Despite writing letters to various government departments and their elected representatives, they receive no response. This guide outlines the legal recourse available to citizens like Mr. Sharma and the residents of Aryavart Nagar when faced with a harmful government policy.

Advice in such cases

When you are faced with a policy that has widespread negative consequences, taking a structured approach is crucial. The goal is to challenge the policy’s legality and seek remedies from the courts.

• Gather all relevant information. This includes copies of the government order or notification for the policy, scientific data on its effects (like pollution reports), and any correspondence with authorities.
• Form a collective. A registered association or a group of affected individuals has a stronger standing than a single person. This also helps in pooling resources.
• Explore filing a Public Interest Litigation (PIL). A PIL is a powerful tool that allows citizens to approach the High Court or Supreme Court to enforce the rights of a community when they are violated by a government action or inaction.
• Engage with public representatives. While pursuing legal action, continue to engage with your Member of Parliament (MP) and Member of Legislative Assembly (MLA). Raising the issue in the Parliament or State Assembly can create political pressure for a policy review.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Challenging a government policy does not typically involve the Bharatiya Nyaya Sanhita (BNS). Instead, it falls under the purview of Constitutional and Environmental Law.

• Article 21 of the Constitution of India: This guarantees the Right to Life and Personal Liberty. The Supreme Court has interpreted this to include the right to a clean and healthy environment. A policy that promotes pollution can be challenged as a violation of Article 21.
• Article 32 of the Constitution of India: This provides the right to move the Supreme Court directly for the enforcement of fundamental rights. A PIL concerning environmental damage can be filed under this article.
• Article 226 of the Constitution of India: This empowers High Courts to issue writs and orders to any person or authority, including the government, for the enforcement of fundamental rights or for any other purpose. This is the most common route for filing PILs.
• The Environment (Protection) Act, 1986: This is an umbrella legislation that gives the central government broad powers to protect and improve the environment. A policy that contravenes the objectives of this Act can be legally challenged.
• The National Green Tribunal Act, 2010: The NGT is a specialized judicial body for handling environmental cases. It provides a faster and more focused forum for resolving such disputes.

If you are the complainant

As the complainant, or petitioner, you are the one bringing the issue before the court. Your role is to represent the public interest.

• Establish your legal standing (locus standi). In a PIL, you must demonstrate that you are acting in the public interest and not for personal gain. Being a resident of the affected area is usually sufficient.
• Prepare a detailed petition. Your writ petition must clearly state the facts, explain how the policy is harmful and illegal, and specify the relief you are seeking from the court (e.g., quashing the policy, ordering a pollution audit).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you or your family members are directly suffering from the effects of the policy, such as health problems from pollution, you are a victim.

• Document the harm caused. Maintain detailed medical records and doctor’s prescriptions that can link your health issues to the environmental problem.
• Seek expert opinions. A statement from a doctor or an environmental scientist can strengthen your case by establishing a direct link between the pollution and your suffering.
• You can join the PIL as an affected party or, in some cases, file a separate civil suit for damages (a tort claim) against the polluting entity for the harm caused to you.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In cases involving a challenge to a government policy through a PIL, the police typically have no direct role. The legal battle is between the citizens (petitioners) and the government departments or corporations (respondents). The police are not the investigating agency for determining the legality of a policy. Their involvement would only be required if a specific criminal complaint is filed under environmental laws that designates a police role, or if there is a law and order situation arising from protests related to the issue. In a PIL, the court deals directly with the concerned government authorities.

FAQs people normally have

• Can a single person challenge a government policy?
  Yes, a single individual can file a PIL, provided they can convince the court that the matter is of genuine public interest and they are not motivated by private interests.
• Is it expensive to file a PIL?
  The court fees for filing a PIL are nominal. However, the overall cost can be significant, including lawyer’s fees, expenses for collecting evidence, and obtaining expert reports.
• Should I approach the High Court or the Supreme Court?
  The general practice is to first approach the High Court under Article 226. The Supreme Court under Article 32 is usually approached for issues of national importance or when a fundamental right is violated on a massive scale.

What evidence is required?

Strong evidence is the backbone of a successful PIL. The burden of proof is on you to show the court that the policy is harmful.

• The official government notification or circular detailing the policy.
• Scientific evidence, such as air or water quality reports from accredited laboratories, showing the environmental impact.
• Data from government sources, such as the Pollution Control Board.
• Photographic and video evidence of the pollution or its effects.
• Medical records of affected people and expert opinions from doctors linking health issues to the environment.
• News reports and articles that have covered the issue.
• Affidavits from other affected residents and experts.

How long will the investigation take?

In a PIL, there isn’t a police “investigation.” The process is a judicial one where the court examines the case. The timeline for a legal case against a policy can vary greatly.

• It can take several months to a few years for a final judgment.
• The duration depends on the complexity of the case, the court’s workload, and the time taken by the government to file its responses.
• However, courts can grant interim relief quickly. For instance, the court might issue a temporary stay on the policy or direct the authorities to take immediate steps to control the pollution while the case is being heard.

Advocate Sudhir Rao, Supreme Court of India