Green Courts in India: Strengthening Environmental Governance?', 4 (original) (raw)
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Sustainable development is expedience of the desideratum of the present moment without enmeshing the potentiality of imminent future generations to converge its own exigencies. Any country’s environmental hitches are analogous to its commensurate of natural resources and their apogeal adaption. Every individual is ought to subsist not beyond the ecological purlieu. They should reap the benefits and strive to a benign, non- discriminatory and courteous society. The Hindu Theory of Karma preaches the aftereffects to individual conducts. By virtue of open leverage though we have dilapidated the environment in past, we can commit oneself to bulwark the environment in futurity by supplanting environmentally annihilative karmic patterns with positive ones. From the Post-Independence Period the plausible growth of Environmental Jurisprudence in India has been attained with the holistic identity from the old British Notion of Jurisprudence. The need of Sustainable development lays down the mechanism of actual and prospective development coalescing political and foreign procedures of every nation. The concept has been formulated by the Stockholm Declaration of 1972 which is pragmatic in present scenario. The exponential upsurge in environmental cataclysm is worsened by the smokestack aggrandizement leading to exaltation over the Constitutional mandates to abide by the principle of Sustainable Development. The Indian Judiciary plays a pivotal role in environmental amelioration promulgating reference to the urgency of Environmental Justice in Indian Legal ambience. The Constitution of India administers considerable criterion of Articles to adjudicate the notion of Sustainable Development sporadically. From case to case it pronounces judgments where the solemnity of justice has been transmogrified from conventional individual Locus Standi to conforming community contentment of Public Interest Litigation. The author tries to invoke the sense of responsiveness towards environmental obligations. This paper is focused on discovering the probable resolutions to emerging trends of Environmental Jurisprudence. Keywords: Environmental Jurisprudence, Sustainable Development, Indian Judiciary.
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THE ENVIRONMENTAL JUSTICE IN INDIA: A CRITICAL APPRAISAL OF 1987 CASE LAW
Environment degradation is an emerging issue and raised the eyebrows of legislatures at the national and international levels and laws were framed to control and prevent environmental pollution. Whereas, the judiciary is trying its best to balance the environment and development. In view of the degrading environment which poses a problem for the very survival of living things, the environmental law academics lately started paying attention to this underdeveloped field. The present paper makes an attempt to take further discussion on Indian judicial approach in the field of environment. Such academic exercise is all the more necessary in the present time because Indian judiciary since 1980 is taking special cognizance of the pollution explosion and there is a substantial increase in the case law in environment. Is not the time ripe to take stock of the direction of environmental justice in India? The present paper makes a humble attempt in this direction. It confines discussion to the cases of 1987 decided by the Supreme Court of India and the High Courts. This specific year has been selected because the graph of case law in environment from the year 1950 to 1990 shows its highest peak in 1987.In this paper I have also discussed the various sector responsible for environmental degradation which included fertilizer, dolomite stones pulverising, tanning, distillery, slaughterhouse, electronics and mining activities etc.