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Original Research

ENVIRONMENTAL JUSTICE: A NEW CHALLENGE TO THE DEVELOPING INDIA

Dr. ASHUTOSH MISHRA 1, and Dr. PRAKASH TRIPATHI 2.

Vol 18, No 03 ( 2023 )   |  DOI: 10.17605/OSF.IO/ZHDUW   |   Author Affiliation: Assistant professor, Law Faculty, University of Delhi 1; MKPDF, Delhi School of Public Policy and Governance, Institution of Eminence, University of Delhi 2.   |   Licensing: CC 4.0   |   Pg no: 1763-1776   |   Published on: 30-03-2023

Abstract

Environmental justice is found to be one of the major challenges to the Indian Judiciary. The rapid economic growth and development propelled by industrialization and urbanization has coasted natural resources such as forest, water and land. The grabbing of land and other natural resources instigate traditional communities and other interest groups to rise against the developmental programmers to protect their rights and access to the natural resources. There is no dearth of environmental legislation in India and these laws have been modified and updated time and again to be in tune with the international laws and policies and to protect the rights of the stakeholders. However, Indian judiciary system has faced over-burdening of pending cases related to environmental disputes. Improper implementation of environmental laws and delayed justice delivery system are found to be primary reason behind this.


Keywords

Development, Environmental disputes, Justice, Litigation, Rights, Marginalized groups, Environmental Mediation