The Evolution Of Environmental Law In India: A Review Of The Judiciary's Efforts To Attain Environmental And Social Justice
- IJLLR Journal
- Mar 18
- 2 min read
Dewanshi Bhatt, Bennett University
ABSTRACT
In order to ensure that organizations and authorities in charge of environmental protection operate efficiently and maintain natural resources, environmental laws are essential. In India, the concept of environmental protection is not new; it has strong cultural and historical origins. Indian civilization has acknowledged the innate connection between humans and nature since the Vedic era. The necessity of living in balance with the environment was frequently emphasized in sacred scriptures and customs, which emphasized reverence for land, rivers, forests, and air as divine components necessary for existence. Despite this longstanding awareness, environmental deterioration has increased at an unparalleled rate in the contemporary era, especially in the previous several decades. Unquestionably, consumerism, urbanization, and industrialization have sped up economic growth while also placing tremendous strain on ecological systems. Concern over industry and growth not being sought while taking care of the environment has grown as a result of this.
In general, the term "environment" refers to one's immediate surroundings and includes all factors that affect a living being's ability to survive and thrive throughout the course of its lifetime. The word's “etymology” is derived from the French word “environ”, which means "surrounding." The Hindi word “paryavaran”, which means "something that envelop up," is its equivalent. The biological, physical, cultural, and social aspects of the environment are all included in this description, which captures its comprehensive nature. As societies developed, the necessity for legal structures to govern environmental interactions became unavoidable due to its extensive extent.
Environmental jurisprudence has emerged in India in reaction to the concerning increases in pollution, deforestation, biodiversity loss, and climate-related issues. Because of the creative application of Public Interest Litigations (PILs), the judiciary has become a proactive defender of environmental rights. Courts have acknowledged the right to healthy surroundings is an essential component of fundamental rights by extending the meaning of Article 21 of the Constitution, that protects the right to life. In many significant examples, concepts like "polluter pays," "precautionary principle," and "sustainable development" have been accepted and put into practice.
