Procedural (in)justice in regulating shale gas as transitional fuel in India

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Abstract

India has earmarked 56 shale gas fracking projects as part of its coal-to-gas transition plan. However, fracking poses peculiar risks to the environment and public health. This paper examines whether India’s fracking-based energy transition pathway ensures procedural justice for its citizens by evaluating its regulatory framework on three key aspects of procedural justice: information, inclusion and influence. In doing so, this paper posits that procedural rights are considered part of constitutionally guaranteed fundamental rights in India. To address the procedural justice issues, this paper argues that the Indian government should conduct scientific inquiries into the environmental impact of the proposed fracking projects. Additionally, the paper suggests establishing communication channels to inform local communities about fracking-related risks through decentralised regulatory mechanisms, creating regulatory structures to involve various stakeholders in decision-making, and analysing how fracking will affect the socio-economic conditions of local communities.

Original languageEnglish
Pages (from-to)323-341
Number of pages19
JournalJournal of Energy and Natural Resources Law
Volume42
Issue number3
Early online date18 Jul 2024
DOIs
Publication statusPublished - Jul 2024
Externally publishedYes

Keywords

  • energy transition
  • hydraulic fracturing
  • India
  • procedural justice
  • shale gas

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