Abstract
Environmental justice has become a vital concern in contemporary jurisprudence, especially in India, where rapid industrialization and urbanization have led to severe ecological degradation. The Indian judiciary plays a crucial role in promoting environmental justice through landmark judgments and evolving jurisprudence, which reflect the nation’s commitment to safeguarding the environment and ensuring sustainable development. This paper explores the significant contributions of the Indian judiciary in administering environmental justice, examining landmark judgments and the principles they embody. It also highlights the challenges faced by the judiciary in enforcing environmental laws, the evolving nature of environmental jurisprudence in India, and the ongoing need for a balance between development and environmental protection.
Keywords: Indian Judiciary, Right to Environment, Judicial Activism, Ecological Protection, Right to Life, Constitutional Provisions
Introduction
The concept of environmental justice refers to the fair and equitable treatment of individuals concerning environmental laws and policies, regardless of race, ethnicity, or socioeconomic status. This principle asserts that everyone has the right to live in an environment that is not detrimental to their health and well-being. Thus, environmental justice aims not only to protect the environment but also to ensure that vulnerable and marginalized communities have equal access to environmental decision-making processes and bear no disproportionate environmental burdens[1].
In the context of India, environmental justice has emerged as a critical area of concern due to the complex interplay between the country’s diverse ecosystems and significant socio-economic inequalities. Notably, the rapid industrialization and urbanization in India have often led to the deterioration of natural resources and environmental degradation, disproportionately affecting marginalized communities[2]. Evidence indicates that low-income groups and Indigenous populations frequently bear the brunt of environmental hazards, which can exacerbate existing inequalities[3].
The relationship between constitutional mandates and environmental jurisprudence in India is complex yet significant. This chapter delves into fundamental rights, directive principles, and the role of public interest litigation (PIL), illustrating how these components intertwine to solidify the judicial framework for environmental protection.
[1]Bullard, R. D. (1990). Dumping in Dixie: Race, Class, and Environmental Quality. Westview Press.
[2]Nair, R. D. (2005). Environmental Justice in India: Case Studies from Asia. Ashgate Publishing.
[3]Sinha, A. (2017). “Environmental Justice and the Poor: A Review of Environmental Justice Literature.” Journal of Human Development and Capabilities, 18(2).