JUDICIAL APPROACH ON ENVIRONMENTAL PROTECTION

Environmental Law

In recent years, there has been a sustained focus on the role played by the higher judiciary in devising and monitoring the implementation of measures for pollution control, conservation of forests and wildlife protection. Many of these judicial interventions have been triggered by the persistent incoherence in policy-making as well as the lack of capacity-building amongst the executive agencies. Devices such as Public Interest Litigation (PIL) have been prominently relied upon to tackle environmental problems, and this approach has its supporters as well as critics. The main objective behind this study made by the author is to identify the present scenario and analyse the nature and extent of developments till date in various environmental statuses through statutes, law, conventions and various other issues regarding the court decisions and judicial processes. The rapid and unplanned industrialization has given birth to factories emitting noxious gas fumes and toxic effluents, making life more difficult on earth. These things are constantly causing damage to environment. It is also the duty of the state to protect the environment as embodied under Article 48-A, 39 (e) and 47 of the Indian Constitution. So in order to deal with these ever-growing problems, many acts have also been enacted by the parliament but it is a court which always keeps a check on proper implementation of these enactments and judiciary had played an important role in interpreting the laws to protect the environment. It has been recognized to be inseparable part of Right to Life under Article 21 and well established if we take into account some other provisions of the constitutions.

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