Ecocentrism Influence The Court's Decision

Aditya Shivajirao Chavan, Manikchand Pahade Law College, Aurangabad

INTRODUCTION

The Supreme court and other lower courts are concerned with the protection of ecosystems,Indian judicial decisions appear to be shifting from anthropocentrism to ecocentrism.This shift is evident in the evolving jurisprudence that seeks to balance developmental aspirations with ecological sustainability. The Supreme Court is of the view that environmental justice could be attained only when we float away from the rule of human- centric to Ecocentric.The main principles of environmental law that guide the decisions of the Courts like Sustainable development, Polluter Pays Principle, Intergenerational Equity are inclined towards anthropocentrism. A notable example of this trend is the Supreme Court of India’s ruling in State of Telangana & Ors. Vs. Mohd. Abdul Qasim (D) per LRS1. In this case, the Court underscored the imperative of preserving forest land, acknowledging the critical role of forests in maintaining ecological balance and supporting biodiversity. The judgment reflects a nuanced understanding of environmental stewardship, where the protection of natural habitats is seen as integral to the well-being of both present and future generations. This article delves into the influence of ecocentrism on the Court’s decision-making process, illustrating its potential to reshape environmental governance and foster a more sustainable coexistence between humanity and nature.

Theoretical Framework

The Indian judiciary earlier was inclined towards anthropocentrism. But gradually, it has shifted more towards ecocentrism. This aspect would be dealt with later in this article. Coming to the ancient approach towards the environment, let’s take a look at the Upanishads. Isa Upanishad elaborates on the ancient Indian roots of ecocentrism. It clearly says that all the living and nonliving organisms in this universe belong to God alone. There should be harmony between different species with no one above the other.