Environmental Justice In India Through The Lens Of The Constitution
- IJLLR Journal
- 1 hour ago
- 2 min read
Taanvia Jahan, Amity Law School Noida, Amity University Uttar Pradesh
Dr. Bhavna Batra, Amity Law School Noida, Amity University Uttar Pradesh
ABSTRACT
In India, environmental justice is the meeting point of social justice and ecological sustainability. In order to ensure that no group especially the marginalized is disproportionately impacted by environmental harm, it refers to the equitable distribution of environmental benefits and burdens among all communities. Despite not being specifically addressed in the beginning, the Indian Constitution has developed into a strong tool for environmental justice and protection. Judicial interpretation, proactive public interest litigation, and the development of environmental jurisprudence based on the right to life under Article 21 have all played a significant role in this evolution. This paper explores the Preamble, the Directive Principles of State Policy (DPSPs), the Fundamental Rights, and the Fundamental Duties all of which are constitutional provisions that are pertinent to environmental justice. It draws attention to the ways in which these elements particularly Article 21 have been construed to protect environmental rights. Articles 48A and 51A(g) were added by significant amendments such as the 42nd Amendment. Environmental justice has been shaped by important cases like MC Mehta v. Union of India, Subhash Kumar v. State of Bihar, and Vellore Citizens Welfare Forum v. Union of India, which established theories like the Polluter Pays Principle and the Precautionary Principle. Through loosened locus standi rules, the judiciary has also increased access to justice, allowing vulnerable communities to use Public Interest Litigations to seek redress. Understanding how institutional and legislative mechanisms support constitutional goals involves examining the roles of organizations such as the National Green Tribunal (NGT), pollution control boards, and environmental laws like the Environment (Protection) Act, 1986. Important case studies that highlight the hardships and triumphs of communities battling for environmental justice are also covered in the paper. There are still issues, like lax enforcement, corporate and political meddling, and the tension between environmental sustainability and development. In order to address these problems, this paper suggests tactics such as judicial reform, community involvement, sustainable urban planning, and the strengthening of legal institutions.
In conclusion, despite not being created with environmental governance in mind, the Indian Constitution has developed into a potent instrument for advancing environmental justice through creative judicial interpretation. Reiterating constitutional principles, guaranteeing participatory governance, and incorporating environmental justice into the country's larger development objectives are the ways to go forward. Then and only then can we guarantee a future that is truly sustainable and inclusive for all Indian citizens.
Keywords: Sustainable, Governance, Locus Standi, Environmental Justice
