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JUDICIAL ACTIVISM AND ENVIRONMENTAL PROTECTION
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JUDICIAL ACTIVISM AND ENVIRONMENTAL PROTECTION
AUTHORED BY - PRADNYA P. DABHADE
ABSTRACT
Since more than 20 years ago, India's higher judiciary has protected the
environment admirably. The judiciary, the Apex Court in particular did not
neglect its obligations under the Constitution to safeguard environmental issues. The judiciary
seized administrative responsibilities without hesitation, forming
expert committees in several instances
to recommend ways to stop the
nation's tanneries and industries from releasing environmental pollutants into the air. To strike a balance
between the rights to the environment and development, the Indian judiciary
has developed a number of sustainable development principles rather than taking a wholly negative stance on the
implementation of significant developmental protections. Therefore, the objective
of the paper is to examine the environmental approach
of Indian judiciary.
Key words: Environment, Judicial
Review, Judiciary, Constitution, Environmental Jurisprudence1
INTRODUCTION
India has a long-standing tradition of protecting and preserving its
natural environment; but, throughout
the Indus Valley human advancement period, people were also very aware of climate
and biology. Furthermore, there were many rigorous and significant thoughts
surrounding the concept of climate
security, which put stock in India. In this ecological context, however, the judiciary has risen into the event
to make successful strides in controlling climate contamination by playing its activated job in India after emerging
from the four corners of legal impulse. Natural contamination issues
have not, however, been as expected controlled and checked because of the lack of use and compelling execution of protected
as well as authoritative arrangements.2
Basic Concepts:
Justice administration is referred to as "judicial," and involvement is referred to as "activism." Participation in the
administration of justice is what each of these terms are composed
of. The question now is: Why is administrative engagement necessary? This straightforward issue has a clear
answer: administrative engagement is necessary for the administrative machinery to operate well since it acts as a
check and balance. The legislative, executive, and judicial branches
make up the three main parts
of the government. The primary
responsibility of the legislative is to draft laws for the nation; the
executive branch is tasked with carrying
out these laws, and the judiciary is responsible for providing legal interpretation.3
Generally speaking, the court must exercise its authority whenever the
other two branches of government—the
legislative and executive branches, for example—fail to do so. Judicial activism
is the term for the judiciary's inquisitiveness about its dominance over various organs
and its willingness to step in when the other two are unable to perform as expected. The Indian judiciary thus assumes a proactive role in upholding citizens' rights and obligations. Despite
in case of Judicial activism, the judiciary works beyond
its power and providing the directions to executive about the functions that it must carry out. The balancing
of skills must be during the performance
of functions by judiciary. The concept of “Judicial Activism” first time
emerged in U.S.A and given by the
historian Arthur Schlesinger, Jr. in 1947. In India the concept was given by “Justice V.R Krishna Iyer,
Justice P.N Bhagwati, Justice O.Chinnappa Reddy, and Justice D.A Desai”.
4
WHAT IS ENVIORNMENT?
“We have forgotten how to be good guests,
how to walk lightly on the Earth as its other creatures do.” - Barbara
Ward
"Environment" is a difficult word to define.
Its normal meaning
relates to surroundings, but obviously that is a concept which is relatable to whatever object it is which is surrounded.
3 Bharati Law Review,
Jan. – March, 2017 by Prof. Dr. Nishtha Jaswal
and Dr. Lakhwinder Singh
Einstein
had once observed, "The environment everything that isn't me Environment
is a polycentric and multifaceted
problem affecting the human existence. Man is nature's best promise and worst enemy. If for the
progress of the society industry is necessary, pollution is inevitable. Since progress and pollution
go together, there can be no end to progress, and consequently, no escape from pollution. If industry is a
necessary evil, pollution is the surest sufferance.
"Pollution" is a noun derived from the transitive verb
"pollute". Pollution also means direct
or indirect discharge
by man of substance or energy into the aquatic
environment resulting in
hazard to human health, harm to living resources and aquatic. The protection of environment is a global issue and it is not an isolated problem of any area or
nation.
Environment is defined under Section 2 (a) of the Environment
(Protection) Act 1986 defines:5
1. Environment: “Environment includes
water, air and land and the inter-relationship which exists among and between water,
air and land and human beings, other living creatures, plants, micro-organism and property”.
2. “Environmental Pollution” means the
presence in the environment of any environmental pollution.
3. “Environmental pollutant” means any
solid, liquid or gaseous substance present in such concentration as may be,
or tend to be, injurious to
environment.
HISTORICAL BACKGROUND 6
Historical,
social, and legal issues have all impacted the development of environmental legislation and judicial review in India.
The courts have been a major factor in determining environmental policy and enforcement since the 1950 passage of the Constitution, which gave the judiciary the authority of judicial
review through Articles 32 and 226. The environmental movement in the country was initiated by early environmental
concerns, particularly in the 1970s, which brought attention to issues including
deforestation and industrial pollution. With the passage of the Environmental Protection Act (EPA)
in 1986, the government was given the authority
to establish regulations for emissions and effluents, as well as a legal
foundation for environmental preservation.
5 The Environment (Protection) Act, 1986
6 Book
for Environment Law – by RAMCHANDRA GUHAN
With major judgments like M.C. Mehta v. Union of India7 setting precedents for environmental
jurisprudence, judicial activism particularly through Public Interest
Litigation, or PIL has been essential
in resolving environmental challenges. As evidenced by decisions like Vellore Citizens Welfare Forum v.
Union of India, the judiciary has placed a strong emphasis on the idea of sustainable development, which strikes a balance between
environmental preservation and economic expansion. The National Green
Tribunal (NGT), which was established in 2010, is one of the specialized bodies that has significantly reinforced environmental enforcement and adjudication. India's
domestic environmental laws and policies
are influenced by its international commitments to environmental accords.
In summary, the historical context of environmental law and judicial
review in India highlights the critical role that the judiciary plays in protecting the environment and promoting sustainable. A social movement is
described as "an organized attempt by a number of people united by a shared belief to effect or
resist changes in the existing social order by non- institutionalized means"
in the International Encyclopaedia of Sociology.
Ideas
behind the environmental movement What a social movement's participants
perceive to be the improvement of
society is its ultimate goal. The rights and privileges of the people with respect to forest resources
have been gradually
encroached upon by the State
over the last century8. Throughout India, the Gandhian
non-cooperationist protest strategy
known as "Forest Satyagraha" has been the primary
means by which the populace
has disputed this encroachment.9
The "Chipko" or "Embrace-the-Tree" movement,
which aimed to save trees
designated for cutting down, brought this form of
protest back to life in the Garhwal Himalayan forests after independence. Chipko has become
widely practiced throughout the country, particularly in the hilly
areas, despite having
originated in the Garhwal Himalaya.
MOMENTS FOR PROTECTION OF ENVIRONMENT IN INDIA10
1)
CONFLICTS OVER FOREST RESOURCES AND THE EVOLUTION OF THE CHIPKO
MOVEMENT11
When
the High Court heard the argument over the interim compensation that the
District Court of Bhopal had ordered,
this attempt continued. The Union of India and the UCC, however, both contested the Madhya Pradesh High Court's ruling.
The reduction in interim compensation amount was criticized by the Indian
government, and the United Court
of Canada argued
that the court had the authority to grant interim
compensation in a damages matter
when the foundation of liability was in dispute.
Natural forests were thus used to relieve the strain of household
demands, which were no longer met by
community woodlands and meadows. Second, massive fills in natural forests were made to meet non-local commercial
needs, like sleepers (railroad ties) for the growing Indian railway network and
shipbuilding for
the
British Royal Navy. Rather
than focusing on the forests themselves, forest conservancy aimed to preserve
the income from the forests.
Severe confrontations emerged
on two fronts as a result of this limited
conception of conservation. The new management structure disregarded
local basic needs in favor of catering
solely to commercial demands at the level of utilization.
2)
SATYAGRAHA
AS A NON-VIOLENT MODE OF CONFLICT RESOLUTION12 Satyagraha, in the Gandhian
view, was the use
of nonviolent resistance as a political
weapon in
place of the force of arms. Unlike many other well-known political
philosophies, Gandhian philosophy has
never been claimed to be strictly materialist. In the absence of such overt categorization, Gandhian
philosophy usually has been assumed
to be based on subjective, idealist, or moral
forces, rather than objective or materialist ones. Accordingly, the most important political weapon used in the Gandhian movements, the satyagraha, has always been
mystified as an emotional force without any materialist base. A closer socio historical evaluation is needed
to de mystify the image of Gandhian
satyagraha’s and to establish the materialist basis of Gandhian
movements such as Chipko. The power of satyagraha, in the form
10 Environmentalism: A Global History,
November 2016
11https://www.google.co.in/url?sa=t&source=web&rct=j&opi=89978449&url=https://www.britannica.com/top
ic/Chipkomovement&ved=2ahUKEwjM4ZKDgKmFAxX84DQHHRzuCngQFnoECDMQAQ&authuser=2&usg=AOvV
aw1uTLaDYv8vgJ3lu4XHgeaT
12 Satyagraha as a Peaceful
Method of Conflict
Resolution – By Vibhuti Patel
of
non-cooperation, has been a traditional mode of protest against exploitative
authority in India.
In Hind Swaraj, Gandhiji
wrote that through
satyagraha he was merely carrying
forward an ancient tradition: "In India the
nation at large had generally used passive resistance in all departments of life. We cease to cooperate with our rulers when they displease us."
Unfortunately, in spite of the fact that Gandhian satyagraha’s were used to oppose the economic system
that created material
poverty and underdevelopment, usually they have been described and understood as non-material and spiritual transformations without any materialist base.
3)
NARMADA BACHAO ANDOLAN13
The Narmada
Basin covers an area of approximately 94, 500 square
kilometres between the Vindhya and the Sapura ranges Central
India. It is the site of the Narmada Valley Development Project (NVDP), an ambitious project
that seeks to harness the river Narmada that flows through the three states of Madhya Pradesh,
Maharashtra and Gujarat.
The Narmada
Bachao Andolan as successfully brought
to public domain
the hitherto closed
and protected discourse on mega development projects,
there by opening new vistas for environmental
movements. The protest also has pointed out the necessity to address the
shortcomings in institutional frameworks governing big developmental projects by laying
bare the ecological
implications of such mega development projects.
Medha
Patkar has been a central organizer and strategist for Narmada Bachao Andolan (NBA), a people’s movement organized to
stop the construction of a series of dams planned for India’s largest westward flowing river, the Narmada. The
World Bank-financed Sardar Sarovar
Dam is the keystone of the Narmada Valley Development Project, one of the
world’s largest river development
projects. The dam and its associated canal system would also displace some 320,000 villagers, mostly
from tribal communities, whose livelihoods depend on these natural resources. The Narmada Bachao Andolan began as
a resistance against the Sardar Sarovar Project (SSP).
4)
BHOPAL FAS LEAK
DISASTER CASE 14
The
biggest mass tragedy in recent memory occurred on the night of December 2-3,
1984, as a result of methyl
isocyanate and other hazardous gasses leaking from Union Carbide India Ltd. (UCIL) at Bhopal. It is a division of the international corporation Union Carbide
Corporation (UCC), which is based in the United States.
Numerous individuals suffered
severe injuries,
and about 2660 people died instantly. But the death toll had increased to four thousand.
The families of many of the impacted individuals as well as the legal
representatives of the deceased filed many lawsuits
seeking damages against
UCC in the United States
District Court of New York. The Union of India asserted its right to sue for damages on behalf of the harmed
parties and filed an action for the same under the Bhopal Gas Leak
Disaster (Processing of Claims) Act,
1985. Judge Keenan aggregated all of the lawsuits and rejected them on the grounds
of forum discomfort.
Judge
Keenan declared on May 12, 1986, that the Indian court ought to have the
"capacity to stand tall before
the world and to pass judgment on behalf of its own people." The Indian government launched a lawsuit in the
Bhopal district following the ruling of Keenan Judge, exercising its authority under
the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985,
and was granted interim compensation in the amount of Rupees 350 crores.
This sum was lowered to rupee 250
crores following an appeal to the Madhya Pradesh High Court filed by UCC. In
the Supreme Court, this order was contested.
When the High Court heard the argument over the interim compensation that
the District Court of Bhopal had
ordered, this attempt continued. The Union of India and the UCC, however, both contested the Madhya Pradesh
High Court's ruling. The reduction in interim
compensation amount was criticized by the Indian
government, and the United Court
of Canada argued
that the court
had the authority to grant interim compensation in a damages
matter when the foundation
of liability was in dispute.
ENVIRONMENTAL JURISPRUDENCE
Indian philosophy has long included environmental ethics as a fundamental
component. Gandhian philosophy places a strong emphasis on the idea that "Nature has provided everything for our need but not for our greed," that each person's
duty in society
is to preserve
nature,
and that people should revere natural objects. India's environmental
jurisprudence has benefited greatly
from the theories
that courts have developed. Through
a two-pronged approach to interpreting the
Constitution and establishing environmental protection dicta, as well as through innovation in the
processes of enforcing these protections so that they do not remain empty promises,
the Supreme Court of India has contributed to the body of environmental jurisprudence in India. 15
According to
Article 21 of the Indian Constitution, "No person shall be deprived of his
life or personal liberty except in accordance with a procedure
established by law." The Supreme Court
of India and other Indian
judiciaries have construed
this provision broadly
to cover a range of environmental law issues. With Article 21 acting as a cornerstone, environmental jurisprudence in India has undergone tremendous
evolution. As a fundamental component
of the right to life protected by Article 21, the judiciary
has acknowledged the right to a healthy
environment. Due to the expansion
of the application of environmental legislation as a result of this interpretation, the state must now guarantee environmental conservation and protection. In Subhash Kumar vs. State.
of Bihar16, the Supreme Court held that right to life is a fundamental right under Art. 21 of the Constitution and it include the right to enjoyment
of pollution free water and air for full enjoyment
of life. If anything endangers
or impairs that quality of life in derogation of laws a citizen has recourse to Art.32 of the Constitution for
removing the pollution of water or
air which may be detrimental to life.17
In M. C. Mehta vs. Union of India 18(the Oleum Gas Leak case), the Supreme Court
established a new concept of managerial liability
- 'absolute and non-delegable' - for disasters
arising from the storage of or use of hazardous
materials from their factories. The enterprise must ensure that no harm results to
anyone irrespective of the fact that it was negligent or not. In Vellore Citizens
Welfare Forum vs. Union of India,19the Supreme
Court held that industries are vital for the country's
development, but having
regard to pollution caused by them,
principle of 'Sustainable Development' has to be adopted
as the balancing concept. 'Precautionary Principle' and 'Polluter Pays Principle' has been accepted
as a part of the law of
the country.
The development and implementation of the concepts
in the environmental protection judicial system are noteworthy turning points in the history
of Indian environmental law. The
15 Journal of General Management Research Vol. 1, Issue 1, January 2014, pp. 1-13
16 1991 1 SCC 598
17P M Bakshi - Article
21 of The Indian Constitution (19th Edition)
18 1987 SCR (1) 819
19 AIR 1996 SC 2715
Supreme
Court of India, in particular, has developed certain notable guidelines that
lower courts should go by while
handling environmental disputes. The Indian judiciary has also consolidated environmental jurisprudence on a case-by-case basis. They have attempted to fill the void left by the legislature and the
inaction of the executive branch. The Civil Society's environmental preservation movement
has provided the Indian judiciary with the much-needed boost.
ACTS CAME AFTER ENVIRONMENT LAW
Over the past century,
rapid population growth
has strained natural
resources to their limits, with unsustainable farming
practices, chemical usage,
and overexploitation of water leading
to environmental degradation. Pollution from industrial and vehicular emissions
has compromised air and water
quality, while urbanization has exacerbated waste management challenges. The consequences, including
melting ice caps, contaminated water sources, and health epidemics, serve as urgent reminders of the need for
action. Both government and individuals bear responsibility for this crisis,
highlighted by the failure to prioritize environmental protection amidst other
pressing issues like terrorism and corruption. Despite constitutional mandates, inadequate legislative measures and judicial oversight
further compound the problem.
Urgent action is imperative to avert catastrophic consequences and safeguard
our planet for future generations.
1.
Wild
Life (Protection Act), 197220
This
act has been provided so that the wildlife which is an integral part of the
ecosystem can be protected and guarded against
extinction. Under this Act every
State has to constitute a Wild Life Advisory Board. Certain areas are
to be declared as sanctuaries and National Parks. This is Act being basically for the protection of animals, plants and
birds which live in forests. Hunting
of the wild animals is permitted only when such animals become dangerous to the human beings
or it becomes diseased beyond recovery.
2.
The Indian
Forest Act, 1927
Section
26(i) of the Act makes it punishable if any person, who, in contravention of
the rules made by the State
Government, poisons water of a forest area. The State Government has been
20 Tayal,
B.B. & Jacob, A. (2005), Indian History, World Developments and Civics, pg.
A-33 empowered under Section 32(f) to make rules relating to poisoning of water
in forests.
3.
The Water
(Prevention and Control
of Pollution) Act, 1974
National
water law is more developed than international water law. Nevertheless, India
lacks an umbrella framework to
regulate freshwater in all its dimensions. The existing water laws framework
in India is characterised by the coexistence of a number
of different principles, rules and acts adopted over many decades.
These include common
law principles and irrigation acts from
the colonial period as well as more recent regulation of water quality and the
judicial recognition of a human right to water.
4.
The Water
(Prevention and Control
of Pollution) Act, 1974
This
act is the first ace thrown by the Indian government. This act empowers SPCB /
PCC to enter into industrial plants,
factories, etc., and inspect plant, records registers and documents. It also Empowers SPCB / PCC to take
samples of industrial effluents and analysis of same. This act has clauses
which also Provides for Criminal liabilities.21
5.
Air (Prevention and Control of Pollution) Act, 1981
The objective of
the Act was to provide prevention, control and abatement of air pollution. This Act
basically aimed at the industrial pollution and automobile pollution.
6.
Environment (Protection) Act, 1986
A
cursory analysis of its Preamble makes it obvious that the objectives of the
enactment are three-fold. Protection
of the environment, Improvement of environment and Prevention of hazards to human beings, other living
creatures, plants and property. This is an umbrella legislation, that has a broad spectrum indeed.
It covers from Radio- Active Substances disposal
to use of plastic
bags.
7.
The Noise Pollution
(Regulation and Control) Rules,
2000
‘Noise is a silent killer’, keeping
in mind this valuable advice
(which perhaps may/ may not be the source of the acts revival),
According to this act the State Government shall categorize industrial, commercial, and residential or silence zones and implement noise standards. Further
it also restricts the use of loudspeakers, amplifiers, beats of drum and tom-tom except
with the
21 Ibid permission
of the authorities.
CONSTITUTION AND ENVIRONMENT22
Before
the 42nd Amendment - The Constitution of India came into force on 26th
January, 1950. At that time, it did not contain
any specific provision dealing directly with environment. Only provision which was of some significance was Article 47 of
the Directive Principles of State Policy which reads:
“The State shall regard the raising of the level of nutrition
and standard of living of its people and improvement of public health as
among its primary duties.”
Article 21 of the Constitution which deals with the right to life and personal liberty was not of much
help in the beginning as it was given a very restricted and narrow meaning.
This Article runs as follows:
“No person shall be deprived of his life or personal liberty
except according to procedure established by law.”
But in due course of time the problem of pollution and environment
started drawing attention of
environmentalists. In the year 1972 our Prime Minister late Mrs. Indira Gandhi attended
the United Nations
Conference on Human Environment and Development at Stockholm.
In that conference the following two resolutions were passed which are known as the Magna Carta of
our environmental law:
(a)
Man has the fundamental right to freedom, equality and adequate conditions
of life in an environment of quality that permits
a life of dignity and well-being; and
(b)
Man
bears a solemn responsibility to protect and improve the environment for
present and future generations.
42nd Constitution Amendment and after - In 1976, under the leadership of late
Mrs. Indira
Gandhi, the Constitution’s 42nd Amendment was passed and provisions regarding
the protection of environment were incorporated into it. In the Chapter
of Directive Principles of State Policy, a new provision
in the form of Article 48A was incorporated which runs as
follows:
“48-A. Protection and Improvement of Environment and safeguarding of Forests
and Wildlife - The State shall
endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country.”
Apart from this provision, a new provision
in the form of “Fundamental Duties” as Article 51A was
also incorporated by the 42nd Constitution amendment. Sub-clause (g) of Article
51A is important which provides
“It shall be the duty of every citizen of India to protect and
improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.”
The above-mentioned constitutional provisions impose two-fold responsibilities.23
In United Nations Conference on Human Environment, at Stockholm the then Prime Minister
of India Mrs. Gandhi while displaying the nations commitment to the protection
of environment, said. “The natural
resources of the earth, including the air, water, land flora and fauna
and especially representative sample of the nature ecosystem must be safeguard
for the benefits of present and future generations through careful planning
or management, as appropriate.
Natural conservation including wildlife must therefore receive importance in planning
for economic development.
JUDICIAL ACTIVISM
AND ENVIRONMENT LAW
Judicial activism in the field of environmental protection has been
applauded by many people.24
However, it is important to note that judicial activism has serious
limitations, and executive laxity and
unconcern towards environment cannot be made good just by judicial activism. Judicial
activism cannot make good laxity
in the enforcement of environ-mental laws. There can be
no substitute for a check on the executive by a vigilant public and a people’s movement to save the environment. By the
powers vested in the Judiciary, and through its activism, it has actively contributed in the strengthening the fundamental
rights granted by the Constitution.
Sanitation in Ratlam25: In a landmark judgment in 1980, the
Supreme Court explicitly recognized the impact of a deteriorating urban environment on the poor. It
linked basic public
23 M.
P Jain Indian Constitution Law – 8th Edition, 2018
24 Like
M.C. Mehta, Satyaranjan Sathe, Justice Kuldeep Singh and Justice Ashok Desai
25 Ratlam
Muncipality v. Vardichand AIR 1980 SC 1622
health facilities
to human rights and compelled
the municipality to provide proper sanitation and drainage.
Doon valley Case26: In 1987, the Rural Litigation and
Entitlement Kendra, on the behalf of residents
of the Doon valley, filed a case in the Supreme Court against limestone
quarrying. This case was the first
requiring the Supreme Court to balance environmental and ecological integrity against industrial demands on
forest resources. The courts directed the authorities to stop quarrying in the
Mussoorie hills.
Gas
leak in Shriram factory27: In the historic case of the oleum gas
leak from the Shriram Food and
Fertilizer factory in Delhi, in 1986, the Supreme Court ordered the management
to pay compensation to the victims of
the gas leak. The “absolute liability” of a hazardous chemical manufacturer to give compensation to all those affected by an accident
was introduced in this
case and it was
the first-time compensation
was paid to victims.
Construction in Silent Valley28: In 1980, the Kerala High
Court rejected a writ filed by the Society for the Protection of the Silent
Valley seeking a ban on construction of a hydro-electric project in the valley. However,
despite unfavourable judgment, active lobbying and grassroots action
by environmentalists stopped the project.
In 1985, activist-advocate M C Mehta filed a writ petition
in the Supreme Court to highlight the pollution of the Ganga 29 by industries and municipalities located
on its banks. In a historic judgment in 1987, the court ordered
the closure of a number
of polluting tanneries near Kanpur. Justice
E S Venkataramiah, in his judgment, observed: “Just like an industry which
cannot pay minimum wages to its workers cannot be
allowed to exist, a tannery which cannot set up a primary treatment
plant cannot be permitted to continue to be in
existence.”
Mining in Sariska30: A writ petition was filed in the Supreme
Court in 1991 by the Tarun Bharat Sangh to stop mining in the Sariska
wildlife sanctuary. The court banned mining in the sanctuary.
26 Rural
Litigation and Entitlement Kendra v. State of U.P., AIR 1985 SC 652
27 M
C Mehta v. Union of India, AIR 1987 SC 965
28 Society
for Protection of Salient Valley v. Union of India and other AIR 1980 Ker 24
29 M.C
Mehta v. Union of India, AIR 1987 SC 985
30 Tarun
Bharat Sangh, Alwar v. Union of India, AIR 1992 SC 514
CONCLUSION
In
our nation, environmental protection was not a top priority. In the 1980s,
environmental awareness became
evident. As time went on, its strength
increased. The judiciary's activity was a major contributing factor in this.
Environmentalists, residents of polluted areas, and non- governmental organizations were forced to approach the
judiciary, particularly the higher judiciary,
for appropriate remedies because the state agencies' inability to effectively
enforce environmental laws, in
addition to polluters' non-compliance with statutory norms, resulted in further degradation of the environment
and affected public health. The courts attempted on multiple occasions to address the tension between
environmental preservation and development.
It's
common to refer to this willingness as judicial activism. Through the use of
the Public Interest Litigation tool, the judiciary expanded the meaning
of locus standi
and enabled citizens
to petition the court in cases where a state,
organization, or individual's actions have negatively impacted the public interest. This has led to the development
of environmental jurisprudence. The PIL's significant importance is a distinctive aspect of Indian
environmental jurisprudence. Judicial
activism refers to the higher
judiciary's involvement in matters involving
violations of human rights and the environment. The
Supreme Court convened expert panels and rendered decisions in matters involving intricate environmental issues.
It is true that the judiciary is playing
a great role for the protection of our environment but still a lot is required
to protect our environment. It is
suggested that each and every citizen shall come forward to protect environment as the charity
begins at home. Let us save our
environment.
SUGGESTIONS
Increasing
judicial review in environmental law necessitates a diverse strategy. Enhancing judicial competence via specialized
training programs and multidisciplinary cooperation can provide judges with the know-how
to handle the complicated nature of environmental litigation. Judicial review
can be made more accessible and efficient by embracing technology tools like electronic file systems and remote hearings. In
addition, it is imperative to promote international
cooperation, public participation, and improved access to justice in order to guarantee
the efficient enforcement and upholding of environmental laws.
Encouraging public education and awareness along with
strengthening environmental impact assessments provide citizens more authority
to hold parties responsible for environmental infractions.
Article Information
JUDICIAL ACTIVISM AND ENVIRONMENTAL PROTECTION
Authors: PRADNYA P. DABHADE
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/12
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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