"An In-Depth Analysis of Environmental Protection through Judicial Activism: Examining the Role of Indian Courts in Safeguarding Environmental Rights and Promoting Sustainable Development"

Sonam Singh

doi:10.36948/ijfmr.2025.v07i02.40277

"An In-Depth Analysis of Environmental Protection through Judicial Activism: Examining the Role of Indian Courts in Safeguarding Environmental Rights and Promoting Sustainable Development"

Author(s)	Sonam Singh
Country	India
Abstract	The judiciary, regarded as the guardian of justice, has played a significant role in protecting theenvironment in India. Judicial intervention has often shielded vulnerable communities from the harmfulimpacts of environmental degradation. However, the legislative process of creating and amendingenvironmental laws remains intricate, influenced by industrial growth, urbanization, and cultural values.Environmental rights, classified as "third-generation" rights, are now acknowledged alongside politicaland socio-economic rights. These rights emphasize collective environmental protection for the greatergood.In a rapidly evolving society, adaptive legal responses are essential. While earlier movements focused onsocial justice, modern challenges have led to the neglect of public issues like environmental conservation.Public Interest Litigation (PIL) has become a crucial tool, enabling the judiciary to act proactively insafeguarding environmental rights. Through PILs, courts have upheld the constitutional right to a cleanand healthy environment under Article 21. The landmark Subhash Kumar v. State of Bihar caseexemplifies this commitment. Despite criticisms of judicial activism, the judiciary's dedication toensuring environmental welfare and holding both governmental and private entities accountable remainsevident. Its efforts continue to set precedents for sustainable development and environmental protection
Published In	Volume 7, Issue 2, March-April 2025
Published On	2025-04-01
DOI	https://doi.org/10.36948/ijfmr.2025.v07i02.40277
Short DOI	https://doi.org/g9dgwx

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"An In-Depth Analysis of Environmental Protection through Judicial Activism: Examining the Role of Indian Courts in Safeguarding Environmental Rights and Promoting Sustainable Development"

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