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Coastal Conundrums In India: A Critical Approach Through Judicial Decisions & Environmental Principl

Coastal Conundrums In India – A Critical Approach Through Judicial Decisions And Environmental Principles






Asha. J, Assistant Professor , NSS Law College, Kollam, Kerala & Research Scholar, School of Law, Alliance University, Bangalore


ABSTRACT


The journey and development of the coastal regulation zone (CRZ) law from 1991 to 2019 has implicated a number of environmental and developmental challenges. This law pertains to the conservation of fragile ecology and ecosystems surrounding all waterbodies such as rivers, creeks, lagoons, estuaries, coral reefs, mangroves, swamps, and backwaters. The Supreme Court of India describes a fairly distinctive status in Indian environmental and coastal governance. The attitude adopted over the three recent decades to cases affecting infringements of environmental law has happened. Court takes a more dynamic role in the development of the law than that authorized by a conservative judicial role. This emerges more when associated with the simpler nature of the jurisprudence that progressed in the first three decades after Independence. However, the most probable justification and support for this predominant situation is the predictability rising out of the numerous absolute disappointments of the government and the legislature in confronting India’s many and several environmental challenges especially coastal problems. For example, disasters are occurring in every monsoon season in the State of Kerala and still strategies are not focusing on the impact of environmental and climate change risks. These enervations and a denser tendency to adapt to rapid environmental changes have also given rise to the need for the active plenary role of the Court. This paper will evaluate the genesis of the judicial approach, situations in which it has been used effectively, and techniques that have helped achieve this situation and will try to identify the checks and balances used by judiciary in tackling coastal issues.




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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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