Striking Equilibrium: The Evolution Of Environmental Justice In Indian Jurisprudence
Priyal, Research Scholar, Department of Laws, University of Jammu
ABSTRACT
The concept of development, encompassing progress has long been intertwined with India’s discourse on environmental concerns. Despite being a common heritage, the environment has suffered significant degradation and ecological imbalances in the pursuit of development, particularly exacerbated since India’s shift from planned economy to a market economy. Despite legislative efforts and judicial interventions aimed at mitigating pollution and preserving nature, environmental threats persist, manifesting in disasters and regular degradation. This paper delves into the evolution of environmental justice within Indian jurisprudence, examining procedural, distributive, and corrective forms of justice. Environmental justice addresses the disparity in access to environmental resources and the unequal distribution of environmental harms, highlighting how certain social groups benefit from environmental resources while others face disproportionate risks and threats due to systemic inequalities. Through an analysis of landmark cases, the paper seeks to trace the trajectory of environmental justice in India and evaluate the measures taken to address environmental challenges.
Keywords: Environmental Jurisprudence, Fundamental Rights, PIL, Judicial Review Development Balance.
