CRITICAL ANALYSIS ON THE ARTICLE - ENVIRONMENTAL JUSTICE: COURTS AND BEYOND BY M.K. RAMESH

Abstract

Environmental law is undoubtedly one of the main pillars of environmental protection, bur after many decades it is still suffering in most of the world from implementation. As it has been rightly noticed “almost all nations, including developing ones, have basic environmental protection laws in place, but an enormous gap exists between the letter of the law and what is actually happening on the ground” 

Environment is the main essence of everything, it’s the reason for the existence of each and every organism on earth therefore There’s a need for protection and conservation of environment and sustainable use of natural resources which has been also reflected in the constitutional framework of India and also in the international commitments of India. The Constitution under Part IVA (Art 51A-Fundamental Duties) casts a duty on every citizen of India to protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures. Further, the Constitution of India under Part IV (Art 48A-Directive Principles of State Policies) stipulates that the State shall endeavour to protect and improve the environment and to safeguard the forests and wildlife of the country. 

Several environment protection legislations existed even before Independence of India. However, the true thrust for putting in force a well-developed framework came only after the UN Conference on the Human Environment (Stockholm, 1972). After the Stockholm Conference, the National Council for Environmental Policy and Planning was set up in 1972 within the Department of Science and Technology to establish a regulatory body to look after the environment-related issues. This Council later evolved into a full-fledged Ministry of Environment and Forests (MoEF).