Human rights and the environment in India: access through public interest litigation

Gill, Gita (2012) Human rights and the environment in India: access through public interest litigation. Environmental Law Review, 14 (3). pp. 200-218. ISSN 1461-4529

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India's green jurisprudence is an outcome of a proactive Supreme Court. The judiciary has expanded the constitutional meaning of ‘right to life’ to include environmental protection. The limited effectiveness of both the executive and administrators has promoted the judiciary into a de facto role as caretaker of the environment. The creation and usage of public interest litigation allows the rules of locus standi to be used by those claiming either ‘representative standing’ or ‘citizen standing’. However, public interest litigation is not a ‘magic bullet’ and two case studies illustrate its limitations. Finally, the paper examines the recent establishment of the ‘National Green Tribunal’ and its possible role in promoting environmental protection.

Item Type: Article
Additional Information: This paper was presented at the Human Rights and the Environment: In Search of a New Relationship workshop in Onati, Spain, 14 - 15 June 2012.
Uncontrolled Keywords: India, right to life, environmental protection, public interest litigation, national green tribunal
Subjects: M100 Law by area
T300 South Asian studies
Department: Faculties > Business and Law > Northumbria Law School
Depositing User: Helen Pattison
Date Deposited: 19 Nov 2012 12:25
Last Modified: 11 Oct 2019 18:17

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