SC tells TN to compensate affected by tanneries pollution; set up panel to ensure clean environment

The Supreme Court on Thursday said it is time that a final lid is put to the activities that degrade the environment in violation of law, while noting that a heavy price is being paid by the residents of areas surrounding tanneries and the workers employed therein, particularly, in terms of health impact, land degradation and an overall decreased quality of life.

The top court directed the Tamil Nadu government to pay compensation to those affected due to severe pollution caused by tanneries in Vellore and take steps to mitigate discharge of untreated effluents in Palar River.

In its 116-page judgment, a bench of Justices J B Pardiwala and R Mahadevan said, "While acknowledging the economic importance of the industry, this court shall not be a mute spectator to the environmental consequences and the loss of life and health caused by the waste generated by tanneries."

It said there is an urgent need to strike a balance between competing interests, evolving and implementing sustainable solutions.

"Development which threatens the existence will serve no purpose. The sustainable development is an imminent requirement," it said.

The court noted India produces 13 percent of the world’s leather and the leather market in India is valued at approximately Rs 40,000 crores. It is a key foreign exchange earning sector for India being the second largest global exporter and provides employment to lakhs.

"Tannery clusters are often located in areas with limited opportunities for livelihood. Not only does this industry contribute significantly to the national economy, but the States of Tamil Nadu, Uttar Pradesh, West Bengal and Punjab also have heavy economic dependencies on it," the court said.

Despite the economic importance of tanneries, the bench said, the policies of the States and the actions must thrive towards striking a balance between socio-economic development and preservation of the natural resources for the benefit of the future generations.

In its order, the court directed the Tamil Nadu government to constitute a committee in consultation with the central government, under the chairmanship of a retired High Court Judge and members, comprising of the secretaries of both the state and central departments, environmental experts, representatives from the affected communities, for the purpose of conducting an audit to identify, maintain and create a clean and healthy environment in Vellore District.

Allowing the state government to recover compensation from the polluters, the bench also directed it to ensure the implementation of the ban on illegal sand mining and establish a monitoring committee to oversee sand mining operations, utilising real-time surveillance mechanisms such as drones and GPS, implement stringent action against offenders, including the perpetual seizure of equipment and vehicles involved in illegal mining activities.

The court said tanneries are among the most polluting industries and the damage caused by them by discharging untreated or partially treated effluents into the River Palar and surrounding areas, has resulted in irreversible damage to the water bodies, groundwater, and agricultural lands.

"This environmental degradation has impoverished local farmers and has caused immense suffering to the local residents and the tannery workers, thereby endangering public health and life. It would not be wrong to say that the condition of tannery workers is no better than that of manual scavengers. With a majority of workers being women, the situation is even more distressing. It is also abundantly clear that the discharges were neither authorised nor in compliance with standards set by pollution control boards," the bench said.

Commenting the landmark judgment delivered by Justice Mahadevan, the senior judge in the bench, Justice Pardiwala, said, it is a great verdict by the brother judge, and cautioned the state authorities, "On breach of any of these conditions, we will send you (violators) to Tihar Jail and not in Tamil Nadu."

It scheduled the matter for reporting compliance after four months.

In its judgment, the court noted tanning industries which are the main source of income for the Vellore District, convert animal hides and skins into leather. Around 45% of the total tanneries in India are located in Tamil Nadu. More than 600 tanneries are situated in various clusters of Vaniyambadi, Ambur, Ranipet, Pernambut in the Vellore District. Though these industries have significant socio-economic impacts through employment and earnings, they have gained a negative image in society due to the pollution they generate, it said.