INDIA TOWARDS ENVIRONMENTAL DEMOCRACY AND JUSTICE

Abstract

India has the largest democracy and owns one of the biggest emerging economies. It also has the high level concentration of individuals who belong to the category of extreme poverty. They experienced a surge of environmental justice movements because of the desire to growth make themselves part of the societies and ecosystems. India’s judiciary has evolved a crucial role in environmental claims. Mainly because of legislative provisions: Article 21 of the Constitution on the Right to Life, Article 48-A (4) of the Directive Principles of State Policy and Article 51-A (g) of the Indian constitution on the fundamental duties of every citizen of India. The Supreme Court through a series of cases has tried to strike a balance between growth, equity and sustainability. Bhopal tragedy of 1984 the Supreme Court declared that “issues of environment must and shall receive the highest attention from this court.” This launched in India neo-liberal reforms and its pathway to re-emergence as a global economic power, In Subhash Kumar v State of Bihar, the Supreme Court observed that “the right to live is a fundamental right under Article 21 of the Constitution, and it includes the right of enjoyment of pollution-free water and air for full enjoyment of life.” This landmark interpretation by the Supreme Court set the foundation for the expansion of rights-based approaches to challenging environmental impacts of growth.