What Is Public Trust Doctrine In India?

Introduction

Whenever dealing with environmental issues or the disputes relating to the public resources, most of the people are unsure about the legal frameworks as well as their rights. The Public Trust Doctrine is a legal principle that usually helps safeguard the natural resources in India, but people often wonder:

• What exactly is the Public Trust Doctrine?

• How does it affect my access to natural resources?

Understanding this particular doctrine can help you make any type of informed decisions and also take the right legal actions if your access to public resources is highly threatened.

What is the Public Trust Doctrine?

The Public Trust Doctrine is a legal principle that requires the government to protect and manage the Earth’s natural wonders not only for the use of the public but also for the nature’s sake. These assets of nature are known as public trust resources and they consist of rivers, lakes, forests, groundwater, and shorelines, among others. By means of the public trust resources, the government takes on the duty of not only safeguarding these treasures but also keeping them for the coming generations.

On the other hand, the public trust doctrine also equals the prohibition of disposing of the public trust items to single or private ownership, and in addition, it makes sure that no company will employ the public trust items in a way that would lay harm either to the environment or the community. In case you want to find out the ways to contest the privatization or wrong use of public trust assets, you should be informed about the rights that you have as a citizen under the Public Trust Doctrine. 

How Does the Public Trust Doctrine Work in India?

The Public Trust Doctrine has developed in India through the judiciary, primarily through the Indian Supreme Court. The Public Trust Doctrine does not constitute a particular statute that is embedded in the Indian Constitution; rather, it has been interpreted in different ways in a variety of sections of the Indian Constitution such as:

• Article 21 (Right to Life),

• Article 48A (Directive Principles of the State Policy), and

• Article 51A(g) (Fundamental Duties).

These provisions lay down a duty to the government to not only wait for but also to come up with ways of keeping the environment safe for the present and future generations of the people. 

When Does the Public Trust Doctrine Apply?

The Public Trust Doctrine usually applies to the natural resources that are of public importance and also which are meant to be preserved for the usage of the public and enjoyment. These mostly include:

• Water Bodies: Rivers, lakes, as well as wetlands

• Forests & Wildlife: Essential for the ecological balance

• Coastal Areas & Seashores: Beaches, oceans, as well as the shorelines

• Groundwater: Vital for drinking and also for irrigation purposes

• Public Lands: Ecologically significant lands

If you’re facing a situation where all these resources are being misused or it is being privatized, the Public Trust Doctrine makes sure that such actions are legally challenged, and all the public access is protected.

Landmark Cases That Defined the Public Trust Doctrine in India

• The Public Trust Doctrine in India has been developed by the following cases, which reaffirm the state's obligation to take care of the natural resources most of the time:

• In the case of M.C. Mehta v. Kamal Nath (1997), the Supreme Court declared that the rivers, forests, as well as other ecological resources are public trust properties, and it is mostly that the state cannot allow their privatization. This way, the court acknowledged the doctrine and at the same time it increased the state's role as a trustee of the natural resources.

• In Indian Council for Enviro-Legal Action v. Union of India (1996), the Court strongly asserted the responsibility of the state to defend the natural resources based on the Public Trust Doctrine, while also applying the Polluter Pays Principle, which usually makes the polluters liable for the damage done to the environment.

• In Fomento Resorts and Hotels Ltd. v. Minguel Martins (2009), the Court ruled that the coastal areas are public trust properties and must remain open to the public, thus saving them from illegal encroachments.

These cases have reinforced the idea that public resources are only meant for public use as well as it must not be misused or privatized.

Challenges in Enforcing the Public Trust Doctrine

The Public Trust Doctrine usually continues to face a various challenge in its own implementation, despite the US Supreme Court's rigorous rulings which upheld the enforceability of this particular doctrine as a workable legal concept:

• Weak Enforcement: State as well as the local law enforcement agencies may not have the capacity or mostly the expertise to enforce any kind of environmental protection laws as well as regulations.

• Commercial Pressures: The economic development often conflicts with protecting the environment.

• Lack of Public Awareness: The millions of people are mostly not aware of their rights in accordance with the Public Trust Doctrine.

• Government Approvals: The environmental permits may be granted by the agencies without any careful review of the environmental impacts.

If you're experiencing such type of challenges or you suspect that the public's trust resources are usually being mismanaged or misused, then educating yourself about your legal rights in accordance with the Public Trust Doctrine and as well as taking legal action to protect these resources are the most important steps. 

What Can You Do if Your Access to Public Resources Is Threatened?

In case you face a scenario where public funds or facilities are being diverted or limited in their use; you can do the following:

• Consult a Lawyer: Get in touch with a lawyer who is proficient in environmental law to get a clearer picture of your Public Trust Doctrine rights and the different legal ways in which you can go through.

• File a Petition: The Supreme Court or the High Courts can be approached by filing a petition if the actions violate the doctrine.

• Public Participation: Be a part of or start public campaigns that declare and support the protection of nature's resources.

• Government Intervention: Contact the suitable government bodies that would see to it that environmental laws are more strictly implemented. 

How Lead India Can Help You

• Connect You with the Experienced Environmental Lawyers to advise you on Public Trust Doctrine and then protect your rights over the public resources.

• Assist in Filing the Petitions before High Courts or Supreme Court against the illegal privatization, encroachments, or the misuse of the natural resources.

• Represent You Before the Courts and Government Authorities in the environmental disputes involving for the public trust resources and ecological protection.

• Provide for the Legal Support for Challenging the Unlawful Projects that threaten the rivers, forests, wetlands, coastal areas, groundwater, or any other public resources.

• Offer for End-to-End Legal Assistance from the legal consultation and documentation to the litigation and enforcement of the environmental rights.

One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.