Revisiting The Conflict Between The Right To Environment And Right To Development In Light Of Judicial Decisions
Abhishek Charan, Alliance School of Law, Alliance University, Bangalore
ABSTRACT
This paper analyzes the relationship between the right to development and the right to environment. The paper analyzes the major Supreme Court judgments in this past decade on the conflict of these two rights. We can say that both of these two rights are two sides of a same coin. However, the problem arises in balancing these two rights. In this paper, the approach of the Supreme Court is analyzed and is found that the cases can be grouped into pro-environment and pro-development. The right to development has to be exercised or given effect to in such a manner as to ensure environmentally sustainable development. Sustainable development comprises of three elements- economic, social and environmental. Social impact has to be considered and given importance as it will strike a balance between right to development and environment.
Keywords: Right to environment, right to development, sustainable development, social impact and Supreme Court.
