Human rights and the environment in India: access through public interest litigation

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Abstract

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.
Original languageEnglish
Pages (from-to)200-218
JournalEnvironmental Law Review
Volume14
Issue number3
Publication statusPublished - Aug 2012
EventHuman Rights and the Environment: In Search of a New Relationship - Onati, Spain
Duration: 1 Aug 2012 → …

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