Environmental Studies

1. ENVIRONMENTAL JUSTICE
IN INDIA: A CHALLENGE IN
THE SOCIAL AND LEGAL
CULTURE

2. INTRODUCTION
Environmental justice in India is closely tied to the concept of sustainable development.The
country faces a range of environmental issues, including air and water
pollution,deforestation, loss of biodiversity, and the impacts of climate change.These
problems often affect marginalized communities, such as tribal populations and those living
in poverty, more severely than others.Environmental injustice have been linked to caste
discrimination, as marginalized castes often face the brunt of pollution and environmental
degradation. Access to natural resources and the benefits of environmental conservation have
also been unevenly distributed. Efforts to address environmental justice in India involve
policy initiatives, legal frameworks, and grassroots movements.

3. ENVIRONMENTAL JUSTICE
“Environmental justice is the fair treatment and meaningful
involvement of all people regardless of race, colour, national origin
or income with respect to the development,implementation and
enforcement of environmental laws, regulations and policies"(US
EPA,2019).

4. ENVIRONMENTAL DISPUTES AND ITS
NATURE IN INDIA
● type of public policy confrontation which involves unresolved disagreement
between competing interest groups about some ecological or ecosystem services.
● Political disputes in a way of controlling the action of the other group or party,
or access to the natural resources.
● I.e., politically and communally motivated interest groups instigates for their
rights to the natural resources and the ecological services

5. ● conflict of industrial democracy as they are result of industrial injustices-
industrial and urban waste: soil, water and air pollution; deforestation.
commercial energy mismanagement; mining;urbanisation,etc.
● environmentalism of the poor and marginal : conflicts results with gender,
socio-economic class and caste,indigeneity,ethnicity, geopolitics, policy and
governance.
● In India, 70% of its total population are still dependent on the primary
resources for their livelihood ( FAO)

6. ● meaning and understanding of nature, environment and
Environmentalism in India is subject to multi-cultural,
multi-ethnic and multi-faith character of the nation .
● Environmental values, in India, blends with values
derived from 'faith-based traditions that regulate
conservation and sustainability in the living world.

7. TYPES OF ENVIRONMENTAL DISPUTES IN INDIA
According to the EJ Atlas, there are 349 environmental disputes
documented in India (September, 2022).
The EJAtlas covered the social conflicts with the following
criteria:
● Economic activity or legislation with actual or potential
negative environmental and social outcomes

8. ● Claim and mobilization by environmental justice
organizations that such harm occurred or is likely to
occur as a result of that activity.
● Reporting of that particular conflict in one or more
media stories.

9. 10 DOMAINS OF CONFLICTS
1. Nuclear
2. Mineral ores and building material extraction
3. Infrastructure and built environment
4. Waste management
5. Biomass and Land conflict
6. Water Management
7. Tourism recreation
8. Biodiversity conservation conflicts
9. Industrial and utilities conflicts
10. Fossil fuels and climate justice/energy

10. INDIAN LEGAL FRAMEWORKS FOR
ENVIRONMENTAL PROTECTION
The legislation which stands for environmental protection in
India is primarily governed by the Constitution of India, which
includes Directive Principles of State Policy that instigates the
state to protect and improve the environment for the welfare of
its citizens.

11. list of prominent Governmental law and
Policies on environmental justice:
1. The Water (Prevention and Control of Pollution) Act, 1974: aims to
prevent and control water pollution.
2. The Air (Prevention and Control of Pollution) Act, 1981: aims to
prevent and control air pollution

12. 3. The National Green Tribunal Act, 2010: established the National Green
Tribunal, a specialized court that deals with environmental disputes.
4. The Forest (Conservation) Act, 1980: This law aims to conserve forests
and protect wildlife
5. The Environmental Impact Assessment (EIA) Notification, 2006: This
policy requires all projects that are likely to have a significant impact on the
environment to undergo an environmental impact assessment before they
can be approved.

13. 6. The National Action Plan on Climate Change, 2008: This policy aims to
address the challenges of climate change.
7. The Wildlife Protection Act, 1972: aims to protect wildlife and their habitats
by regulating hunting, poaching, and trade in wildlife and their products.
8. The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006: to recognize and vest forest rights and occupation in
forest land in forest-dwelling communities.

14. ROLE OF JUDICIARY IN ENVIRONMENTAL
PROTECTION
Landmark Judgements :
M.C. Mehta v. Union of India (1987), the Supreme Court laid down the
principle of 'polluter pays' and held that industries causing environmental
pollution must pay for the restoration of the environment andcompensation to
affected parties. The court further emphasized the importance of
precautionary principles andsustainable development in environmental
matters.

15. Indian Council for Enviro-Legal Action v. Union of India (1996), the
Supreme Court directed the closure of industries operating without
environmental clearances and stressed the need for public
participation in environmental decision-making processes.The court
also highlighted the importance of the right to a clean environment as
a fundamental right under Article 21 of the Constitution of India.

16. CONCLUSION
Environmental justice is a critical issue that calls for comprehensive and
equitable solutions. In conclusion, addressing environmental injustices
requires collective action, policy changes, and a commitment to ensuring
that marginalized communities have access to a clean and healthy
environment. Achieving environmental justice is not only a matter of
fairness but also essential for the well-being of our planet and all its
inhabitants.

17. BIBLIOGRAPHY
1.OECD (Organization for Economic Cooperation and Development). (2006).
Environmental compliance and enforcement in India: Rapid
assessment.https://www.oecd.org/environment/outreach/37838061.pdf
2. EJAtlas (n.d.) retrieved from https://ejatlas.org/country/india
3. Dilay, A.. Diduck, A. P., & Patel, K. (2020). Environmental justice in India: a case
study of environmental impact assessment, community engagement and public
interest litigation. Impact Assessment and Project Appraisal, 38(1), 16-27.

18. THANKYOU