Courts and environmental justice: Critical issues

Abstract

The last decade has seen a spate of judicial activism related to both environment and human rights. Two questions pertinent to recent judicial activism a r e dealt with in this article: i) Has judicial activism contributed to environmental justice, in t h e sense of keeping in view the social implications of environmental problems and equity in access to environmental resources? Are the courts competent to deal with complex environmental problems? ii) Analysis of recent environmental cases in India reveals that there is a growing overlap between issues of human rights and those of environmental improvement and that judicial activism has contributed simultaneously to the strengthening of both the environmental and human rights movement in the country. The linkages between environmental and human rights' concerns are illustrated in this article. However, the growing dependence of the environmental movement on the judiciary to redress grievances has cast an unfair burden on it to deal with complex scientific issues. In the absence of specialised bodies to deal with environmental issues, the "generalist" courts are left with no option but to decide on crucial issues of science and technology, which may lead to disastrous results. Unless the aspect of expert knowledge is taken into account, providing justice to the environment and the people in India will remain a distant dream.