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VOL. 6, ISSUE 3 (2024)
Incompatibility of environmental laws, equity and sustainability: Experiences of forest laws and Adivasis in India
Authors
Debendra Kumar Biswal
Abstract
The environmental laws have two major principles of sustainability to
confirm; development that meets the needs of the present without compromising
the ability of future generations to meet their own needs and equity i.e.
"the right of future generations to enjoy a fair level of the common patrimony".
However, very recently the Supreme Court of India and some High Courts through
different cases and citizen-led Public Interest Litigation (PIL) have found
several instances of incompatibility in regards to mandate of the constitution,
environmental laws and the issue of sustainable development. These cases have
forced the courts to re-examine the issues of Public Trust Doctrine,
sustainable development, precautionary principles and Polluters Pay Principle.
Based on these observations, the present paper has tried to sort out three
major objectives. Firstly, it has a critical analysis of the principles and
perspectives of environmental laws in India. Secondly, citing the instances of
breach of public trust doctrine, it has critically evaluated Forest Rights Act,
2006, which has poised a debate on people vs wildlife and people vs protection
of the forest. For instance, in the M.C. Mehta v. Kamal Nath, (1996) 1 SCC 38
and MI Builders Pvt. Ltd. v. Radhey Shyam Sahu, AIR 1996 SC 2468 Case, the
court observed that certain resources like air, sea, waters and the forests
have such a great importance to the people as a whole that it would be wholly
unjustified to make them a subject of private ownership. Thirdly, it has tried
to locate the aspirations for sustainable development in context to
forest-tribe relationship and the role of forest and wildlife laws in
facilitating it.
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Pages:356-360
How to cite this article:
Debendra Kumar Biswal "Incompatibility of environmental laws, equity and sustainability: Experiences of forest laws and Adivasis in India". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 356-360
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