In The Shadow Of Capital: Environmental Violations And Legal Conundrum
- IJLLR Journal
- Dec 31, 2025
- 1 min read
Urshita Saxena, Assistant Professor, The NorthCap University, Gurugram
ABSTRACT
India's environmental obligations, while constitutionally protected and supported by a plethora of statutes, have often come in a whirlwind of legal loopholes, institutional inertia and systemic evidentiary failures. This article explores the broader environmental conundrum in India, breathing in the shadow of Delhi, in a district not far away from the heart of capital through a specific case study of Anjum v. UPPCB. The article explores the troubling instance of a fatality that took place that which became a no man's responsibility, ultimately signalling critical loopholes in environmental responses in India. The article while discussing the case study through all the angles also spans around the role of NGT, CEC, state empowered committees and judiciary that should work in tandem but are often found to be scattered in coordination, due to overlapping jurisdiction and operation in silos. The case is a significant reminder of due process, a cornerstone that was blatantly ignored by the pollution control agencies. The paper through the microcosm of the case study demands strict procedural adherence, substantively, which, if unchecked might diminish access to environmental justice, especially for the vulnerable and marginalized. Towards the end, the paper recommends some key approaches that can build better environmental compliances while at the same time making sure it is not at the cost of basic fundamental rights of individuals.
Keywords: pollution, CEC, environment, due process
