Environment JURISPRUDENCE
Environmental protection goes beyond lawsuits
Principles that are the cornerstone of our environmental jurisprudence, as emerging from a settled line of precedent: the precautionary principle, the polluter pays principle and sustainable development. This Court further noted the importance of judicial intervention for ensuring environmental protection.
Lal Bahadur vs. State of Uttar Pradesh, (2018) 15 SCC 407
Court reiterated the key principles of environmental jurisprudence in India, while awarding costs of Rs. 100 crores
Court reiterated the key principles of environmental jurisprudence in India, while awarding costs of Rs. 100 crores on the State of Meghalaya for engaging in illegal coal mining .
State of Meghalaya & others vs. All Dimasa Students Union, (2019) 8 SCC 177
Courts and tribunals must be able to grant meaningful legal remedies in order to resolve disputes and enforce environmental laws
Courts and tribunals must be able to grant meaningful legal remedies in order to resolve disputes and enforce environmental laws. As shown in Figure 5.12, legal remedies are the actions, such as fines, jail time, and injunctions, that courts and tribunals are empowered to order. For environmental laws to have their desired effect and for there to be adequate incentives for compliance with environmental laws, the remedies must both redress the past environmental harm and deter future harm.
UNEP, 'Environmental Rule of Law First Global Report' (January 2019)
"Precautionary Principle" has been accepted as a part of the law of our land
"Precautionary Principle" has been accepted as a part of the law of our land. Articles 21, 47, 48A and 51 A(g) of the Constitution of India give a clear mandate to the State to protect and improve the environment and to safeguard the forests and wild life of the country. It is the duty of every citizen of India to protect and improve the natural environment including forests and wild life and to have compassion for living creatures. The Precautionary Principle makes it mandatory for the State Government to anticipate, prevent and attack the causes of environmental degradation . (elephant corridor case)
Hospitality Association of Mudumalai vs. In Defence of Environment and Animals, 2020 SCC OnLine SC 838