ABSTRACT

Access to justice is a pillar of democratic governance. It promotes just and equitable outcomes thereby supporting the rule of law. The importance of judicial institutions [courts and specialist tribunals to adjudicate environmental disputes] is widely acknowledged in international instruments. Principle 10 of the Rio Declaration, 1992, strengthens access rights by stating ‘effective access to judicial and administrative proceedings, including redress and remedy, shall be provided by states in environmental matters’. In this context, India's commitment to secure environmental justice assumes significant practical importance. This chapter traces and evaluates the role of the Indian judiciary (Supreme Court of India and the National Green Tribunal) in contributing and promoting access to environmental justice. The chapter presents and analyses participatory parity in Indian environmental discourse evolved from the concept of broad and liberal litigant ‘standing’ in environmental matters facilitated by Supreme Court of India through Public Interest Litigation (PIL) and ‘aggrieved party’ by the National Green Tribunal (NGT). It reviews appropriate case illustrations in providing victims of environmental degradation with a way to access justice in a participatory manner.

INTRODUCTION

A broad understanding of environmental justice involves participation in environmental controversies. Participatory mechanisms can help to meliorate issues of inequality, recognition and the larger question of capabilities and functioning of individuals and communities. ‘Parity of participation’ comes with the satisfaction of two conditions: ‘that institutionalized cultural patterns of interpretation and evaluation express equal respect for all participants and ensure equal opportunity…’ and ‘the resources to enable participation’.

The discourse and understanding of environmental justice has increased and now includes issues of fairness, equity and standing, rights of disadvantaged populations in developing countries and meaningful participation in the decision-making process to promote environmental governance. This chapter focuses on a strong procedural dimension that reflects fair, open, informed and inclusive state institutional processes. In this context, access to justice through an accessible judicial mechanism that offers redress to environmental damage or harm and the protection and enforcement of legitimate interests becomes important.

Access to justice is a pillar of democratic governance. It promotes just and equitable outcomes thereby supporting the rule of law. Courts allow people to hold government, agencies, companies and individuals accountable for the violation of their fundamental rights as enshrined in the constitutional mandate.