ABSTRACT
This Article seeks to provide a comprehensive analysis of the statutory and judicial framework regarding environmental justice in India. This article engages the reader through an insight journey starting from the very understanding about the term ‘environmental justice. Furthermore, the article discusses the present condition of environmental justice in India, the statutory framework and the judicial interpretations.
INTRODUCTION
Today, the world is facing a triple planetary crisis of climate change, biodiversity and ecosystem loss, and pollution. These crises undermine the enjoyment and protection of human rights and exacerbate environmental injustices, disproportionately affecting the most vulnerable, marginalized and excluded people and communities. Environmental justice is an important part of the struggle to improve and maintain a clean and healthful environment, especially for communities of color who have been forced to live, work, and play closest to sources of pollution. Environmental justice essentially means that everyone—regardless of race, color, national origin, or income—has the right to the same environmental protections and benefits, as well as meaningful involvement in the policies that shape their communities. But rarely has this been the reality for people of color and those with low incomes. In India, the Supreme Court and the National Green Tribunal has played a pivotal role in enforcing environmental rights and in interpreting constitutional provisions so as to protect the environmental rights of the people.
KEYWORDS
Environmental Justice, National Green Tribunal (NGT), Water (Prevention and Control of Pollution) Act, 1974, M.C. Mehta vs. Union of India.
MAIN BODY
Environmental justice is a matter that holds an imperative value in the lives of the citizens of our country. India’s history is intertwined with its environment, as the country’s cultural, economic, and social fabric has evolved alongside its natural resources. The colonial period witnessed the exploitation of India’s resources for the benefit of colonial powers, resulting in significant environmental degradation. After gaining independence in 1947, India’s focus shifted towards economic development, often at the cost of environmental concerns. Rapid industrialization and urbanization led to air and water pollution, deforestation, and loss of biodiversity, affecting marginalized communities disproportionately. With a gargantuan population of 1.46, making it the most populous country in the world, India faces severe environmental threats. Poor air quality and contaminated water sources pose severe health risks, disproportionately impacting vulnerable communities. Industrial emissions, vehicular pollution, and inadequate waste management systems contribute to the problem. Development projects such as dams, mines, and infrastructure often lead to the forced displacement of communities, predominantly those belonging to marginalized groups. These communities frequently lose access to natural resources critical for their survival. Climate change effects like droughts, floods, and extreme weather events disproportionately impact impoverished communities that lack the resources to adapt and recover effectively. Improper waste management, particularly electronic waste, contributes to environmental pollution and poses health risks to informal waste workers, who are often from marginalized backgrounds. The interplay between environmental degradation, economic development, and social equity has unequivocally led to complex challenges that demand innovative solutions.
In the context of mitigation efforts against environmental degradation, the contribution of the National Green Tribunal (NGT) is irreplaceable. The National Green Tribunal (NGT) is a statutory body in India that deals with expeditious disposal of cases related to environmental protection and other natural resources. It was set up under the National Green Tribunal Act in 2010. It is a specialized body equipped with the necessary expertise to handle environmental disputes involving multi-disciplinary issues. The Tribunal shall not be bound by the procedure laid down under the Code of Civil Procedure, 1908, but shall be guided by principles of natural justice. The Tribunal’s dedicated jurisdiction in environmental matters shall provide speedy environmental justice and help reduce the burden of litigation in the higher courts. The Tribunal is mandated to make and endeavor for disposal of applications or appeals finally within 6 months of filing of the same.
The impact of the NGT on environmental justice has been transformative, ensuring swift resolution of environmental disputes through its specialized framework. The NGT’s mandate to resolve cases within six months has reduced the burden on higher courts, providing faster access to environmental justice. In the time period between 2010 and 2021, the tribunal disposed of 33,619 out of the 35,963 filed cases, demonstrating its efficiency despite the constraints with regards to the resources available. It has successfully enforced strict compliance with environmental laws, ensuring that the environment impact assessment (EIA) criteria is followed properly. By applying the polluter pays, precautionary and sustainable development principles, the NGT has integrated international environmental covenants into the Indian jurisprudence, thereby ensuring decisions are made with more focus on the long-term ecological health.
India’s legal framework concerning environmental justice is a robust system that encompasses constitutional provisions, statutory laws, and judicial decisions aimed at ensuring environmental protection and sustainability. The Constitution, through Articles 21, 48A, and 51A(g), establishes the entitlement to a sound environment. The Constitution also provides for express provisions for the protection of right under Article 32 and 226. Significant legislations comprise the Environmental (Protection) Act, 1986, the Water (Prevention and Control of Pollution) Act, 1974, the Air (Prevention and Control of Pollution) Act, 1981, the Forest (Conservation) Act, 1980, and the Wildlife Protection Act, 1972. The establishment of the National Green Tribunal (NGT) through the National Green Tribunal Act, 2010, facilitates the prompt resolution of environmental disputes. The Indian judiciary has been proactive by permitting Public Interest Litigations (PILs) to tackle environmental concerns, as evidenced by landmark cases such as M.C. Mehta vs. Union of India and Vellore Citizens Welfare Forum vs. Union of India, which have set significant precedents. The formulation of policies like the National Environment Policy, 2006, and the presence of institutions such as the Central and State Pollution Control Boards are pivotal in the monitoring and regulation of pollution. At the international level, India demonstrates commitment to agreements like the UNFCCC and the Convention on Biological Diversity. However, challenges persist, including deficiencies in enforcement, limited public awareness, resource constraints, and the need to balance industrial development with environmental sustainability.
CONCLUSION
Environmental justice in India stands at the intersection of legal mandates, judicial activism, and community resilience. While significant strides have been made through constitutional provisions, statutory enactments, and the proactive role of the judiciary and the National Green Tribunal, the journey toward equitable and sustainable environmental governance is ongoing. Bridging the gap between environmental protection and social justice requires not only robust implementation of existing laws but also greater public awareness, inclusive policymaking, and a commitment to balancing development with ecological integrity. Achieving true environmental justice necessitates continued vigilance, innovation, and collective action.
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WRITTEN BY AYANA THERESA XAVIER
