THE ENVIRONMENTAL JUSTICE IN INDIA: A CRITICAL APPRAISAL OF 1987 CASE LAW

Abstract

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.