THE ROLE OF PIL IN ADVANCING ENVIRONMENTAL JUSTICE IN INDIA

SRIJON BANERJEE

STUDENT OF CHRIST UNIVERSITY, SCHOOL OF LAW, BANGALORE

Abstract:

Environmental justice has emerged as a critical global concern in recent decades, particularly in countries grappling with rapid industrialization and urbanization. In the Indian context, where environmental degradation disproportionately impacts vulnerable communities, Public Interest Litigation (PIL) has emerged as a powerful tool in advancing environmental justice. This research paper seeks to analyze and evaluate the role of PIL in addressing environmental injustices in India, examining its effectiveness, limitations, and potential for future advancements. The paper employs a comprehensive and multidisciplinary approach, incorporating legal, social, and environmental perspectives to contextualize the significance of PIL in India’s environmental landscape. Through a qualitative and quantitative analysis through sources, landmark PIL cases, and legal frameworks pertaining to environmental protection and justice forms the foundation of this study. The research finds that PIL has played a pivotal role in promoting environmental justice by providing an avenue for concerned citizens and civil society organizations to challenge environmental violations, hold public authorities accountable, and seek redressal for affected communities. To demonstrate the significance of PIL in environmental justice, the research paper delves into a systematic analysis of landmark environmental cases in India that were brought forward through PIL. It critically evaluates the outcomes of these cases, examining their contributions to environmental protection, conservation, and the promotion of sustainable development. However, the research also highlights certain limitations and challenges facing PIL in its pursuit of environmental justice. Procedural delays, inadequate enforcement of court orders, and resource constraints hinder the full realization of PIL’s potential. Moreover, the growing complexity of environmental issues demands a nuanced approach, with a focus on participation, inclusivity, and inter-sectoral collaboration.  This research paper underscores the vital role of Public Interest Litigation in advancing environmental justice in India. Despite its limitations, PIL has been instrumental in shaping India’s environmental jurisprudence and promoting sustainable development. The research concentrate on strengthening the implementation of PIL outcomes, enhancing community engagement, and fostering partnerships between various stakeholders to ensure a more holistic and effective approach to environmental justice. Keywords: Public Interest Litigation, environmental justice, sustainable development, sustainability, environmental jurisprudence, environmental protection, marginalized communities.