Role of Indian Judiciary in Upholding International Principles of Environmental Law
Role of Indian Judiciary in Upholding International Principles of Environmental Law
Introduction
The Indian judiciary has played a proactive and pioneering role in environmental protection by incorporating international environmental law principles into domestic law. This has often been done through judicial activism, especially in the absence of detailed statutory frameworks. The judiciary acts as a guardian of the environment, ensuring sustainable development, the right to a clean environment, and ecological balance.
Key International Environmental Law Principles Adopted by Indian Judiciary
Precautionary Principle
Polluter Pays Principle
Sustainable Development
Public Trust Doctrine
Intergenerational Equity
1. Precautionary Principle
This principle states that lack of full scientific certainty should not be a reason to postpone measures to prevent environmental degradation.
Indian courts have applied this to ensure that development projects are undertaken only after due environmental assessments.
Case Example:
Vellore Citizens Welfare Forum v. Union of India (1996)
The Supreme Court explicitly adopted the precautionary principle.
The court held that when an activity raises threats of harm to the environment or human health, precautionary measures must be taken even if cause and effect relationships are not fully established scientifically.
2. Polluter Pays Principle
The polluter pays principle requires that those responsible for pollution bear the costs of managing it to prevent damage to human health or the environment.
Case Example:
Indian Council for Enviro-Legal Action v. Union of India (1996)
The Supreme Court held industries responsible for dumping hazardous waste liable to pay for environmental damage.
This case established that polluters must compensate for harm caused.
3. Sustainable Development
Sustainable development balances economic growth with environmental protection, ensuring the needs of present and future generations.
Case Example:
Bangalore Development Authority v. A. Rajappa (2000)
The Court held that sustainable development means balancing developmental needs with environmental protection and ensuring that development does not cause irreparable damage to the environment.
4. Public Trust Doctrine
This doctrine holds that certain natural resources are preserved for public use, and the government acts as a trustee to protect these resources.
Case Example:
M.C. Mehta v. Kamal Nath (1997)
The Court applied the public trust doctrine to declare that natural resources like forests and rivers are held in trust by the government for the public and cannot be exploited for private gain.
5. Intergenerational Equity
This principle emphasizes that the environment must be preserved not only for current generations but also for future generations.
Case Example:
Vellore Citizens Welfare Forum v. Union of India (1996) (again)
The Court acknowledged intergenerational equity as a fundamental principle, reinforcing the duty to protect the environment for posterity.
Additional Roles of Indian Judiciary in Environmental Protection
Expansion of the Right to Life (Article 21 of the Indian Constitution):
The Supreme Court has interpreted the right to life to include the right to a clean and healthy environment.
Public Interest Litigation (PIL):
The judiciary allowed citizens and NGOs to file PILs for environmental protection, thus democratizing environmental justice.
Judicial Monitoring:
Courts often supervise environmental matters directly to ensure compliance with their orders.
Summary
The Indian judiciary, through progressive judgments, has been instrumental in incorporating and enforcing international environmental law principles. By doing so, it has:
Filled gaps where legislative or executive action was lacking.
Promoted environmental governance aligned with global standards.
Ensured environmental justice and protection of ecological interests.
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