TY - JOUR
T1 - Human rights and the environment in India: access through public interest litigation
AU - Gill, Gita
N1 - This paper was presented at the Human Rights and the Environment: In Search of a New Relationship workshop in Onati, Spain, 14 - 15 June 2012.
PY - 2012/8
Y1 - 2012/8
N2 - India's green jurisprudence is an outcome of a proactive Supreme Court. The judiciary has expanded the constitutional meaning of ‘right to life’ to include environmental protection. The limited effectiveness of both the executive and administrators has promoted the judiciary into a de facto role as caretaker of the environment. The creation and usage of public interest litigation allows the rules of locus standi to be used by those claiming either ‘representative standing’ or ‘citizen standing’. However, public interest litigation is not a ‘magic bullet’ and two case studies illustrate its limitations. Finally, the paper examines the recent establishment of the ‘National Green Tribunal’ and its possible role in promoting environmental protection.
AB - India's green jurisprudence is an outcome of a proactive Supreme Court. The judiciary has expanded the constitutional meaning of ‘right to life’ to include environmental protection. The limited effectiveness of both the executive and administrators has promoted the judiciary into a de facto role as caretaker of the environment. The creation and usage of public interest litigation allows the rules of locus standi to be used by those claiming either ‘representative standing’ or ‘citizen standing’. However, public interest litigation is not a ‘magic bullet’ and two case studies illustrate its limitations. Finally, the paper examines the recent establishment of the ‘National Green Tribunal’ and its possible role in promoting environmental protection.
KW - India
KW - right to life
KW - environmental protection
KW - public interest litigation
KW - national green tribunal
M3 - Article
VL - 14
SP - 200
EP - 218
JO - Environmental Law Review
JF - Environmental Law Review
SN - 1461-4529
IS - 3
T2 - Human Rights and the Environment: In Search of a New Relationship
Y2 - 1 August 2012
ER -