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113 judgments found.


Suray Prasad Sharma Dhungel v. Godavari Marble Industries and Others

Country: Nepal
Year: 1995
Court: Supreme Court
Citation: Writ No. 35 of the year 2049 B.S (1992)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom of association, Right to a clean environment, Right to health, Right to liberty and security of person, Right to life, Right to property
Facts:

The Petitioner, Legal and Environmental Analysis for Development and Research Services (Pvt.) Ltd. (LEADERS Inc) was a company that conducted research on environmental issues and promoted conservation. One of the Respondents, Godavari Marble Industries, was engaged in marble masonry. The Petitioner contended that the activities of the Respondent, including blasting and mining, were causing severe …Read more

Tags: Air pollution, Clean water, Contamination, Drinking water, Environmental degradation, Environmental hazards, Pollution, Potable water, Safe drinking water, Water pollution
Download Judgment: English

Ontario v. Canadian Pacific Ltd.

Country: Canada
Year: 1995
Court: Supreme Court
Citation: [1995] 2 R.C.S. 1031
Health Topics: Environmental health
Facts:

A railway company conducted two controlled burns to clear its railway right of way of dry grass and weeds but the consequent discharge of thick smoke adversely affected the health, property and activities of nearby residents. The company was charged with unlawfully discharging or permitting the discharge of a contaminant (smoke) into the natural environment …Read more

Tags: Air pollution, Environmental degradation, Pollution
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Prasanta Kumar Rout v. Government of Orissa

Country: India
Year: 1994
Court: High Court - Orissa
Citation: 1994 II OLR 444
Health Topics: Disasters and emergencies, Environmental health
Human Rights: Right to life
Facts:

The Cuttack Development Authority (CDA) developed a new township called Ahbhinaba Bidanasi Kattaka to relieve the congestion of the city of Cuttack.  In 1994 a bout of heavy rains caused nearby rivers to flood Abhunaba Bidanasi Kanaka, cutting off the area from Cuttack, submerging local hospitals, and provoking looting.  The people of Abhunaba Bidanasi Kanaka …Read more

Tags: Flooding, Humanitarian crisis, Natural disasters
Download Judgment: English

In re: Human Rights Case (Environmental Pollution in Balochistan)

Country: Pakistan
Year: 1994
Court: Supreme Court
Citation: PLD 1994 SC 102
Health Topics: Environmental health
Human Rights: Right to a clean environment, Right to liberty and security of person
Facts:

The Supreme Court of Pakistan took suo moto cognizance of a news report in the English daily “Dawn” titled “N-Waste to be dumped in Balochistan?” The article stated that coastal areas in the Balochistan region were being acquired for the purposes of dumping nuclear and industrial waste. The Court had earlier directed the Chief Secretary …Read more

Tags: Biohazard, Contamination, Environmental degradation, Industrial waste, Nuclear radiation, Pollution, Toxic waste
Download Judgment: English

Salt Miners v. Director, Industries and Mineral Development

Country: Pakistan
Year: 1994
Court: Supreme Court
Citation: 1994 SCMR 2061
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Facts:

Residents and mineworkers of Khewra filed a petition under Article 184(3) of the Pakistani Constitution alleging that a lease had been improperly granted to a mining company within a reserved water catchment area, thus endangering the potability of the resident’s water supply which could be contaminated by poisonous water seeping from the mine. A government-constituted …Read more

Tags: Clean water, Contamination, Drinking water, Industrial waste, Pollution, Potable water, Safe drinking water, Waste, Waste management, Water pollution
Download Judgment: English

Shehla Zia and Ors v. WAPDA

Country: Pakistan
Year: 1994
Court: High Court
Citation: PLD 1994 SC 693
Health Topics: Chronic and noncommunicable diseases, Environmental health, Public safety
Human Rights: Right to life
Facts:

The Petitioners were residents in a locality in Islamabad. The Water Resources and Power Development Authority (WAPDA) was to construct an electrical grid station in that area. The Petitioners protested on the ground that the electromagnetic field created by the high voltage transmission lines would be hazardous to their health. Moreover, the designated green belt …Read more

Tags: Biohazard, Cancer, Pollution, Safety regulation
Download Judgment: English

Laguna Lake Development Authority v. Court of Appeals and Ors.

Country: Philippines
Year: 1994
Court: Supreme Court
Citation: G.R. No. 110120
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health
Facts:

The City Government of Caloocan disposed of approximately 350 tons of garbage daily in Tala Estate, Barangay Camarin against the wishes of local residents, who were concerned about the environmental and health impact of the dumpsite. In March 1991, the Task Force Camarin Dumpsite of Our Lady of Lourdes Parish filed a complaint with the …Read more

Tags: Cleanliness, Contamination, Environmental degradation, Garbage, Industrial waste, Pollution, Safe drinking water, Sewage, Trash, Waste, Waste management, Water pollution
Download Judgment: English

Lopez-Ostra v. Spain

Country: Spain
Year: 1994
Court: European Court of Human Rights
Citation: Application No. 16798/90; (1995) 20 EHRR 277; [1994] ECHR 46; (1994) 303-C Eur. Ct. H.R. (ser A)
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to health, Right to privacy
Facts:

Mrs. López Ostra brought an action against Spain due to environmental pollution from a nearby waste treatment plant. López Ostra lived adjacent to the plant, which was operating without a license. The plant malfunctioned on start-up, and released gas fumes and unpleasant smells. These caused health problems and were a nuisance to the local people. …Read more

Tags: Cleanliness, Contamination, Cruel treatment, Degrading treatment, Industrial waste, Inhuman treatment, Pollution, Torture, Waste, Waste management, Water pollution
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Case 28/1994 (V.20)

Country: Hungary
Year: 1994
Court: Constitutional Court
Health Topics: Environmental health
Human Rights: Right to a clean environment, Right to life, Right to property
Facts:

The petitioner claimed that that s. 13(7)(4) of Act II of 1993 on Land Reallocation and Land Distribution Committees (the “Land Reallocation Act”) violated Article 18 of the Constitution of Hungary (the “Constitution”) and requested that the Constitutional Court declare an annulment of the provision. The Land Reallocation Act repealed s. 19 of Act II …Read more

Tags: Environmental degradation, Precautionary principle
Download Judgment: English

Dr. K.C. Malhotra v. State of Madhya Pradesh and Ors

Country: India
Year: 1993
Court: High Court - Madhya Pradesh
Citation: AIR 1994 MP 48
Health Topics: Child and adolescent health, Environmental health, Infectious diseases, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life, Right to water and sanitation
Facts:

Petitioner, a medical practitioner, filed a petition requesting that the court direct the State of Madhya Pradesh and the Municipal Corporation, Gwalior to clean up the open drains, dirt, and contaminated water and rubbish which the petitioner claimed resulted in the spread of a cholera epidemic. The Municipal Corporation claimed that it performed it obligatory …Read more

Tags: Children, Cholera, Drinking water, Minor, Pediatric health, Pollution, Sewage, Trash, Waste management, Water-borne disease
Download Judgment: English

Case 152

Country: Nicaragua
Year: 1992
Court: Supreme Court of Justice
Citation: Corte Supreme de Justicia, ELECTROQUIMICA PESADA S.A. c. Ministro de Economía y Desarrollo, y otros,
Health Topics: Chronic and noncommunicable diseases, Environmental health, Occupational health, Public safety
Human Rights: Right to a clean environment, Right to favorable working conditions, Right to work
Facts:

Electroquimica Pesada S.A. (the “Company”), was operating with outdated equipment and was releasing emissions of chlorine and other noxious gases into the environment that posed harm to both its employees as well as the residents of Nicaragua.  The Company was required to shut down its operations by a series of orders issued by the Minister …Read more

Tags: Air pollution, Air safety, Asthma, Environmental hazards, Lung disease, Occupational hazards, Occupational health and safety, Pollution, Pulmonary disease, Safe working conditions
Download Judgment: English Spanish

Technology Developers v. Court of Appeals, et al.

Country: Philippines
Year: 1991
Court: Supreme Court
Citation: G.R. No. 94759
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to a clean environment
Facts:

Technology Developers, the Petitioner, was a private corporation engaged in the manufacture and export of charcoal briquettes. The mayor of Bulacan, a nearby town, sent a letter to Technology Developers, expressing concern over the pollution emitted by the Petitioner in the form of fumes that “not only pollute the air in the locality but also …Read more

Tags: Air pollution, Contamination, Environmental degradation, Environmental hazards, Pollution
Download Judgment: English

Subhash Kumar v. State of Bihar and others

Country: India
Year: 1991
Court: Supreme Court
Citation: A.I.R. 1991 S.C. 420 (India).
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to life
Facts:

The petitioner, an influential businessman, filed a public interest litigation claim against two iron and steel companies, which the petitioner claimed had created health risks by dumping surplus waste from factory washeries in the form of sludge and slurry into the nearby Bokaro river. According to the petitioner, the sludge and slurry had been deposited …Read more

Tags: Biohazard, Biosafety, Contamination, Environmental degradation, Environmental hazards, Industrial hygiene, Industrial waste, Toxic waste, Water pollution
Download Judgment: English

M.C. Mehta v. Union of India (Kanpur Tanneries)

Country: India
Year: 1988
Court: Supreme Court
Citation: 1988 AIR 1115; 1988 SCR (2) 530; 1988 SCC (1) 471; JT 1988 (1) 69
Health Topics: Environmental health, Infectious diseases, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life, Right to water and sanitation
Facts:

Due to discharge of untreated effluents in the Ganga river, the water of the river was rendered unsafe for drinking, fishing and bathing purposes, essentially creating a public nuisance. In M.C. Mehta v. Union of India & ors., ((1987) 4 S.C.C. 463), the Court had held the city municipality, Kanpur Nagar Mahapalika (Mahapalika), responsible for …Read more

Tags: Biohazard, Biosafety, Cleanliness, Contamination, Environmental degradation, Malaria, Pollution, Sewage, Typhoid, Waste management
Download Judgment: English

M.C. Mehta v. Union of India and Ors (Oleum Gas Case 3)

Country: India
Year: 1986
Court: Supreme Court
Citation: 1987 AIR 1086; 1987 SCR (1) 819; 1987 SCC (1) 395; JT 1987 (1) 1; 1986 SCALE (2) 1188
Health Topics: Environmental health, Poverty
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

Shriram Foods and Fertiliser Plant, Delhi (Shriram) was situated amidst a population of 200,000 people. It manufactured items such as glycerin soap, and technical hard oil. The petitioner, M.C. Mehta, filed a writ petition in the Supreme Court to obtain an order for closure of the plant and its relocation to an area where it …Read more

Tags: Biohazard, Contamination, Environmental degradation, Pollution, Poor, Toxic waste, Underprivileged, Waste management
Download Judgment: English

L.K. Koolwal v. State of Rajasthan and Ors

Country: India
Year: 1986
Court: High Court - Rajasthan
Citation: AIR 1988 Raj 2; 1987 (1) WLN 134
Health Topics: Environmental health, Health information, Water, sanitation and hygiene
Human Rights: Freedom of expression, Right of access to information, Right to a clean environment, Right to life
Facts:

LK Koolwal, the Petitioner, sought to enforce the Rajasthan Municipalities Act, 1959 (the Act) in the city of Jaipur. Under the Act, the Municipality has a duty to clean public places of all filth. The Petitioner contended that several areas in Jaipur were frought with sanitation problems and the Municipality was not performing its duties …Read more

Tags: Awareness, Freedom of information, Pollution, Sewage, Waste management
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Coulter et al. v. Brazil

Country: Brazil
Year: 1985
Court: Inter-American Commission on Human Rights
Citation: Case No. 7615, Inter-Am. Comm'n H.R., Report No. 12/85, OEA/Ser.L/V/II.66, doc. 10 rev. 1 (1984-1985).
Health Topics: Environmental health, Health care and health services, Health systems and financing, Infectious diseases, Sexual and reproductive health, Violence
Human Rights: Freedom from discrimination, Freedom of movement and residence, Freedom of religion, Right to due process/fair trial, Right to education, Right to health, Right to liberty and security of person, Right to life, Right to property
Facts:

In the 1960s, the Government of Brazil approved plans to permit the development of the Amazon region, as well as the exploitation of its natural resources, despite Constitutional provisions and national legislation guaranteeing indigenous communities in the region full possession of the lands they occupied and the resources found therein. The root of the violation …Read more

Tags: Access to medicines, Indigenous groups, Influenza, Measles, Primary care, Sexually transmitted diseases, Sexually transmitted infections, STDs, STIs, Syphilis, Tuberculosis
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Chief Bernard Ominayak, et al. v. Canada

Country: Canada
Year: 1984
Court: United Nations Human Rights Committee
Citation: Communication No. 167/1984: U.N. Doc. CCPR/C/38/D/167/1984 (1990)
Health Topics: Controlled substances, Diet and nutrition, Environmental health, Infectious diseases, Poverty, Sexual and reproductive health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination, Freedom from torture and cruel, inhuman or degrading treatment, Freedom of religion, Right to a clean environment, Right to due process/fair trial, Right to family life, Rights to the benefits of culture
Facts:

Chief Bernard Ominayak (the “author”) was the leader and representative of the Lubicon Lake Band (the “Band”), a Cree Indian Band living in the Province of Alberta in Canada. He argued that the State party expropriated Lubicon land for commercial interest despite its recognition that the Band members had the right to continue their traditional …Read more

Tags: Alcohol, Childbirth, Clean water, Cruel treatment, Degrading treatment, Diet, Environmental degradation, Food, Indigenous groups, Inhuman treatment, Malnutrition, Miscarriage, Substance abuse, TB, Tuberculosis, Waste, Waste management
Download Judgment: English

E.H.P. v. Canada

Country: Canada
Year: 1982
Court: United Nations Human Rights Committee
Citation: Communication No. 67/1980, U.N. Doc. CCPR/C/OP/1 at 20
Health Topics: Chronic and noncommunicable diseases, Environmental health
Human Rights: Right to a clean environment, Right to life, Right to water and sanitation
Facts:

This communication was filed by the chairperson of the Port Hope Environmental Group on behalf of the residents of Port Hope, Ontario, Canada. From 1945 to 1952, Eldorado Nuclear Ltd., a federal Crown Corporation, disposed of nuclear waste in dumpsites within Port Hope, a town of 10,000 people. In 1975, large-scale pollution of residences and …Read more

Tags: Biohazard, Cancer, Contamination, Genetic disease, Industrial waste, Nuclear radiation, Nuclear waste, Pollution, Toxic waste, Waste, Waste management, Water pollution
Download Judgment: English

Municipal Council, Ratlam v. Vardichan and Ors

Country: India
Year: 1980
Court: Supreme Court
Citation: 1980 AIR 1622; 1981 SCR (1) 97; 1980 SCC (4) 162
Health Topics: Environmental health, Infectious diseases, Poverty, Water, sanitation and hygiene
Human Rights: Right to a clean environment, Right to health, Right to life
Facts:

Both the prosperous and poor people of New Road, Ratlam were victims of extremely inadequate basic public sanitation facilities, fluid discharge of a local alcohol plant and overflow of storm water to the street. This resulted in various types of septic fluids flowing openly and constantly in the street, and consequently the street’s sanitation was …Read more

Tags: Biohazard, Cleanliness, Contamination, Environmental degradation, Malaria, Pollution, Poor, Sewage, Underprivileged, Waste management
Download Judgment: English

People of the Philippines v. Juanito Solon

Country: Philippines
Year: 1960
Court: Supreme Court
Citation: G.R. No. L-14864
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Freedom from discrimination
Facts:

Juanito Solon was convicted and fined (with subsidiary imprisonment in case of insolvency) for having violated Cebu City Ordinance No. 241 (the Ordinance). The Ordinance required drivers of vehicle-drawing animals to properly dispose of the waste discharged by their vehicle-drawing animals while traveling City roads. Solon challenged his conviction on the grounds that the Ordinance …Read more

Tags: Cleanliness, Contamination, Pollution, Sewage, Trash, Waste, Waste management
Download Judgment: English

Seng Kee & Co. v. Earnshaw, et al.

Country: Philippines
Year: 1931
Court: Supreme Court
Citation: G.R. No. L-34976
Health Topics: Environmental health, Water, sanitation and hygiene
Human Rights: Right to property
Facts:

Petitioner Seng Kee & Co. owned a toyo factory in Manila. The manufacture of toyo involved fermenting beans, adding brown sugar, and then cooking the mixture over a slow fire for several hours. During fermentation, the beans were laid out for several days and the fermented beans and the presence of vast quantities of coarse …Read more

Tags: Cleanliness, Contamination, Garbage, Industrial waste, Pollution, Sewage, Trash, Waste, Waste management
Download Judgment: English

Saram v. Seneviratna

Country: Sri Lanka
Year: 1918
Court: Privy Council
Citation: 502-P. C. Colombo, 15,045
Health Topics: Environmental health
Facts:

The Appellant was the proprietor of a oil store in Colpetty. Coopering (the art of making barrels) was carried out all day and night at the store. This affected the health of the people in the vicinity. The Appellant was thus proceeded against by the Police Magistrate under S 105(1) of the Criminal Procedure Code …Read more

Tags: Environmental hazards, Pollution
Download Judgment: English