Access To Environmental Justice: Rethinking Legal Barriers For Marginalized Populations
- IJLLR Journal
- Jun 1
- 2 min read
Kritika Sharma, Amity Law School, Noida
ABSTRACT
Recently, marginalized communities have been disproportionately impacted by environmental degradation and are facing significant barriers in accessing environmental justice. These communities are seen to be most vulnerable to environmental degradation and climate change because they are mostly dependent on natural resources for their livelihoods. Environmental justice aims to address the disproportionate environmental damages incurred by marginalized groups. However, structural legal obstacles continue to limit access to environmental justice. In many developing nations, climate change's effects and the uncertainties accompanying it are particularly detrimental to the poor and vulnerable.
Even though most people in poor nations rely heavily on agriculture, forestry, and fisheries for their survival, these industries are the ones most vulnerable to climate change. This paper explores the impact of climate change on marginalized communities. Drawing on key Indian legislation, including the Environment (Protection) Act, 1986, the Forest Rights Act, 2006, and the National Green Tribunal Act, 2010, and examining relevant case laws, this research illustrates the challenges faced by marginalized communities in accessing effective remedies. It also aims to examine legal obstacles that hinder marginalized communities' access to environmental justice, focusing on climate change refugees and vulnerable populations. It draws attention to issues including complicated procedural frameworks, excessive litigation expenses, insufficient legal representation, and restricted standing criteria. The interconnectedness of social, economic, and environmental vulnerabilities, which worsen inequalities in legal access, is also examined in the research. To help create more efficient and just environmental justice frameworks, this research will stress the importance of inclusive and participatory environmental governance and provide a human rights-based strategy. A paradigm shift in environmental law and policy is urgently needed, according to the research's conclusion, to guarantee that everyone in society has fair access to justice and environmental protection.
Keywords: Environmental justice, Marginalized communities, Climate change, Legal barriers, Access to justice, Climate refugees and Vulnerable populations
