Sustainable justice: How legal reforms can drive environmental responsibility in India

As the impacts of climate change grow more apparent all over India—flash floods in the Himalayas, increasing air pollution in urban cities—the appeal for sustainability is no longer simply an environmental issue; it is one of justice.

- DR. ABHIJIT MISHRA AND APURVA TIWARI

The law, traditionally viewed as a response to events after they have happened, must now be proactive in forging a cleaner, more equitable future for every Indian. India's increasing environmental crisis is not just the product of industrial growth or urbanization. It also indicates a fundamental lack of legal enforcement and institutional will. Although India's environmental legislation is, in theory, among the most advanced in the world, experts contend that it is antiquated, poorly enforced, and frequently used to advance commercial interests.

To fill this gap, India needs to implement substantive legal reforms that balance environmental responsibility with social justice—a notion increasingly described as "sustainable justice." India's legal framework for environmental protection is robust. Article 48A of the Constitution binds the state to "protect and improve the environment and safeguard the forests and wildlife of the country." Article 51A (g) further provides that it is the duty of every citizen to protect the natural environment. Yet, except in sentiment, little seems to be happening on the ground.

Rivers continue to be polluted, forests keep dwindling, and toxic air quality is now a year-round phenomenon in cities such as Delhi. Much of the problem is one of implementation. There are environmental laws, but they are either implemented sporadically or selectively.