Environment Versus Development: A Changing Paradigm On Environmentalism

Hrijit Das & Ronita Halder, Department of Law, Univerity of Calcutta

ABSTRACT

With the dawn of a new era, the wealth of a country is judged based on the development and in doing so, it must sacrifice its environment which in turn violates the Fundamental rights. The constitution safeguards the environment though enactments under the fundamental rights, fundamental duties, and the directive principles of state policies. Initially the courts were proactive in protecting the environment through environment centric interpretation of them, but it has gradually shifted to development centric, putting a blanket over the environment protection articles. The various courts, especially the Supreme court to push economic, infrastructural and over all development of the country is now interpreting the provisions based on the societal needs rather than real purpose of protecting the natural environment. The principle of ‘Sustainable development’ as emerged from Article 21 is being moulded as per the need of development project and is applied there to. On one had where it stated that Article 21 includes right to pollution free environment, on the other hand it allows felling of heritage trees instead of exploring alternatives. There has been a radical shift in the way of interpretation of the constitution which deals with the environmental provisions. The court is now fostering development rather than climate justice. This essay aims to highlight the judicial actions that reflect such change in the Constitutional interpretation.

Keywords: Development, Environment, Constitution, Sustainable Development, Environment Protection.