Invisible Injuries, Visible Justice: The Maxim Injuria Sine Damnum in Environmental Cases
Year: 2024
Type: article
Abstract: This paper delves into the concept of Injuria Sine Damnum, which refers to injury without financial loss, in the context of environmental law. It focuses on situations where environmental harm does not result in direct monetary damages. The paper discusses important cases such as M.C. Mehta v. Union of India and Vellore Citizens' Welfare Forum v. Union of India to demonstrate how the Indian judiciary addresses environmental injuries that extend beyond financial impacts, recognizing their effects on public welfare and ecosystems. The research explores various legal methods for holding responsible parties accountable, including Public Interest Litigation (PIL), statutory protections, and the principles of strict and absolute liability. Furthermore, it compares these approaches with the case of Massachusetts v. Environmental Protection Agency to illustrate the global development of environmental jurisprudence. This comparison shows how courts worldwide are acknowledging the broader impacts of environmental harm on public health and ecological integrity. The paper argues for the extension of the principle of Injuria Sine Damnum to address emerging issues such as climate change and biodiversity loss. These issues may not immediately lead to economic effects but have significant communal and ecological implications, highlighting the necessity for legal frameworks that uphold environmental rights and public interests.
Author: Aweeza Waris -
Language: English
Topic: Environmental law and policy
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4404506416