Year: 2022
Type: book-chapter
Abstract: This chapter examines the role that the Indian judiciary has played in advancing climate action and environmental governance. This chapter traces the judiciary’s contributions through a few landmark judgements and its relationship to varieties of environmentalism in India. India’s environmental movement, and the lawyering that supports it, oscillates between environmentalism of the poor and exclusionary conservation, where the human rights of forest-dwelling and other local communities are often violated. Moreover, though the judiciary in India has been a site of progressive environmental jurisprudence, it has nonetheless produced jurisprudence that violates the human rights of vulnerable communities. The judiciary is very often left to choose between the two competing strains of environmentalism and responding to the needs of development. These pressures, I argue, will shape the decisions the judiciary is likely to make in the context of climate change. Yet, this chapter ultimately argues that courts can play an important role in climate change governance if they adopt a more sensitive approach to questions of climate justice.
Author: Arpitha Kodiveri
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4308640795