Towards Environmental Justice in India | 11 Oct 2025

India’s environmental justice framework faces a watershed moment after the Supreme Court’s 2025 ruling outlawing post-facto clearances for projects built without prior approval. While upholding ecological accountability, the verdict has unleashed uncertainty, risks of mass demolitions, and economic disruption. From coastal regulation ambiguities to livelihood threats, the challenge lies in balancing strict environmental compliance with sustainable development, ensuring that the protection of nature does not come at the cost of societal and economic stability. 

What is Environmental Justice and Its Framework in India? 

• About: Environmental justice refers to the principle that all individuals and communities, regardless of socio-economic status, caste, or location, have the right to a healthy, safe, and sustainable environment. 
  • It ensures equitable distribution of environmental benefits and burdens. 
  • It promotes accountability of polluters, access to environmental decision-making, and protection of vulnerable populations. 
  • It aligns with sustainable development, balancing ecological protection with human and economic well-being. 
• Constitutional Provisions: 
  • Article 21 – Right to Life: Includes the right to a healthy environment; courts have expanded this to environmental protection. 
  • Article 48A – Directive Principle: Mandates the state to protect and improve the environment and safeguard forests and wildlife. 
  • Article 51A(g) – Fundamental Duties: Obligates citizens to protect the environment. 
• Key Environmental Laws: 
  • Environment (Protection) Act, 1986: Provides overarching powers to the central government to protect and improve environmental quality. 
  • Water (Prevention and Control of Pollution) Act, 1974: Regulates water pollution and establishes State Pollution Control Boards. 
  • Air (Prevention and Control of Pollution) Act, 1981: Addresses air pollution and empowers regulatory authorities. 
  • Forest Conservation Act, 1980: Regulates diversion of forest land for non-forest purposes. 
  • Wildlife Protection Act, 1972: Protects wildlife and habitats. 
  • Coastal Regulation Zone (CRZ) Notification, 2011: Regulates development in coastal areas. 
  • EIA Notification, 2006: Mandates Environmental Clearance (EC) for developmental projects. 
• Regulatory and Institutional Mechanisms: 
  • Ministry of Environment, Forest and Climate Change (MoEFCC): Formulates policies, grants ECs, and oversees environmental compliance. 
  • Central and State Pollution Control Boards: Monitor air and water pollution, enforce regulations. 
  • National Green Tribunal (NGT): Specialised judicial body for the speedy resolution of environmental disputes and the enforcement of environmental laws. 
• Judicial Interventions: 
  • Public Interest Litigation (PIL): Citizens can approach courts for environmental protection. 
  • Landmark Cases: 
    • MC Mehta v. Union of India (1986 & subsequent rulings)– The Supreme Court explicitly recognised the “Polluter Pays Principle” and the “Precautionary Principle” as key tenets of environmental jurisprudence in India. 
    • T.N. Godavarman Thirumulpad v. Union of India(1995) – The Supreme Court directed states and central agencies to conserve forests, protect biodiversity, and maintain ecological balance. 
    • S.P. Muthuraman v. Union of India (2025) – In this recent Supreme Court ruling, the Court categorically banned post-facto environmental clearances, reinforcing that no developmental project can receive retrospective EC to bypass environmental safeguards. 

What are the Key Factors Driving the Growth of Environmental Justice in India? 

• Legal and Constitutional Safeguards: The Supreme Court of India has expansively interpreted Article 21 (Right to Life) to include the right to a clean environment.  
  • Similarly, the 2025 judgment outlawing post-facto environmental clearances upholds environmental accountability. 
  • The NGT has enforced strict compliance with environmental laws, ensuring that the Environmental Impact Assessment (EIA) process is followed. 
    • Between 2010 and 2021, the NGT disposed of 33,619 out of 35,963 cases, demonstrating efficiency despite resource constraints.  
  • Analysis of 12,615 environmental court cases in India reveals that approximately 35% of rulings are favourable to the environment, with significant variations across courts and case types. 
  • Environmental Public Interest Litigations (PILs) have led to landmark judgments mandating pollution control in cities like Delhi. 
• Climate Justice and India’s Global Advocacy: India’s leadership in COP 28 and its “common but differentiated responsibilities” principle highlights the focus on climate justice.  
  • India has surpassed 50% non-fossil installed capacity and achieved its conditional NDC target (50% by 2030) well ahead of schedule and committed to net zero by 2070, ensuring fairness in emission responsibilities. 
  • Participation in the International Solar Alliance facilitates renewable energy adoption in developing countries. 
  • India urges developed nations to fulfil the annual climate finance commitment under the UNFCCC, supporting vulnerable sectors. 
    • As of 2025, at UNFCCC COP29 in Baku, Azerbaijan, developed countries agreed on a New Collective Quantified Goal (NCQG) for climate finance, setting a target of at least USD 300 billion per year by 2035 to support climate action in developing countries. 
    • South-South cooperation through alliances like the Coalition for Disaster Resilient Infrastructure helps transfer green technologies equitably. 
• Focus on Vulnerable and Marginalised Communities: Environmental degradation impacts marginalised communities disproportionately.  
  • The Fifth Schedule and Sixth Schedule provisions of the Indian Constitution protect tribal populations by granting autonomy and safeguarding their land, forest resources, and cultural identity. 
  • Forest Rights Act (FRA), 2006 protects the land, forest resources, and cultural rights of tribal communities and forest dwellers, ensuring legal recognition and autonomy over their traditional territories. 
  • Indigenous communities’ efforts, such as the Save Mahan campaign in Madhya Pradesh, used radio to mobilise resistance against destructive coal mining, exhibiting grassroots environmental justice activism. 
• Public Participation and Inclusive Governance: Initiatives like the government’s LiFE (Lifestyle for Environment) campaign encourage eco-friendly individual behaviour, while large-scale plantation drives have planted 70 lakh trees in Delhi since 2023. 
  • Women’s environmental leadership in forest councils has led to natural resource restoration, e.g., the 2003 revival of the Mesar Kund reservoir by women in Uttarakhand’s Sarmoli-Jainti Van Panchayat. 
• Equitable Policy Formulation and Implementation: Policies such as PM-KUSUM (solar pumps for farmers), and the National Adaptation Fund for Climate Change ensure access to sustainable technology and financial aid for marginalised groups. 
  • The participatory design of State Action Plans mainstreams climate adaptation with social justice. 
• Technological and Analytical Advances for Accountability: AI-assisted analysis of environmental court rulings supports more effective monitoring, showing varied judicial support across regions, informing policy and public advocacy. 
  • Use of GIS and digital environmental audits is improving transparency and rapid response, as seen through the Environment Audit Rules (2025) which require third-party verification. 

What are the Significant Challenges in Advancing Environmental  Justice in India? 

• Weak Enforcement and Regulatory Capacity: Many projects proceed without proper Environmental Impact Assessments (EIA) or disregard clearance conditions due to weak State Pollution Control Boards (SPCBs) and monitoring bodies. 
  • The Supreme Court in MC Mehta v. Union of India (2024) noted more than 60% vacancy rates in some SPCBs, crippling enforcement. 
• Dilution of Public Participation and Transparency: The 2020 EIA draft notification exempted significant sectors from public hearings and allowed ex post facto clearances, diluting environmental democracy. 
  • Judicial rulings have condemned such post-facto clearances as “anathema” to environmental jurisprudence. 
  • Similarly,the Forest Conservation (Amendment) Act, 2023 expanded exemptions for infrastructure and defense projects on forest land, raising concerns over forest and tribal rights; the Supreme Court barred its implementation without compensatory afforestation and safeguards. 
• Overlapping Institutional Mandates and Judicial Delays: Overlapping roles of NGT, CPCB, SPCBs, and environmental authorities cause jurisdictional confusion and delays. 
  • The NGT operates with fewer judicial and expert members than mandated, slowing case resolution. 
• Environmental Degradation Exacerbated by Unsustainable Growth: Rapid urbanisation and industrialisation have worsened air and water pollution; Delhi, Mumbai, and Kolkata suffer hazardous air quality due to vehicle emissions, construction dust, and stubble burning. 
  • As per CPCB's 2022 report, there are 311 polluted river stretches across 279 rivers in India. 
• Climate Vulnerability and Ecological Fragility: A University of Leeds study found that Himalayan glaciers have lost about 40% of their area over the last 400–700 years, with ice melting in recent decades occurring ten times faster than the historical average, threatening freshwater availability. 
  • Climate-related disasters in India have increasingly impacted millions of people and caused over $120 billion in damages since 2000, highlighting the urgent need for robust climate adaptation and mitigation strategies. 
• Social and Environmental Inequities: Marginalised groups such as Adivasis, small farmers, and urban poor disproportionately bear the brunt of environmental harms but often lack meaningful participation in decision-making. 
  • Land acquisition disputes and displacement from development projects fuel social unrest, especially in tribal areas. 
  • For example, in Odisha's Niyamgiri Hills, Vedanta’s bauxite mining plans displaced tribal communities who fiercely resisted to protect their sacred land. 
  • Large dam projects like the Sardar Sarovar and Polavaram have submerged thousands of tribal villages, while infrastructure corridors cut across tribal heartlands, exacerbating dispossession. 
• Lack of Comprehensive Climate-Inclusive Environmental Policies: EIA processes often fail to integrate climate change considerations (carbon footprint, resilience), limiting sustainable development foresight. 
  • Renewable energy adoption is growing but coal still provides about 70% of electricity generation in India, complicating mitigation efforts. 
  • The carbon market in India is yet to be fully operational and that too only to specific sectors. 

What Comprehensive Measures Can be Undertaken to Strengthen Environmental Justice in India? 

• Make Environmental Rights Fundamental and Enforceable: States must explicitly recognise and implement the right to a clean and healthy environment as a fundamental right, as affirmed by the Supreme Court.  
  • Legislative action is needed to codify climate justice principles—such as intergenerational equity and polluter accountability, into law.  
  • Drawing inspiration from countries like Kenya and the UK, with dedicated climate laws, can guide India’s national climate legislation. 
• Revamp and Enforce Rigorous Environmental Impact Assessments (EIA): The EIA process must be non-negotiable and inclusive, ensuring all projects—industrial, educational, or infrastructure, undergo full impact evaluation with mandatory public consultations.  
  • Systems like PARIVESH should be strengthened with better rural internet connectivity and transparency to prevent loopholes and retrospective clearances. 
• Enhance Institutional Coordination and Governance:  India requires a high-level, cross-ministerial climate authority to harmonise efforts across environment, energy, urban, and industry ministries, thus reducing fragmentation and promoting coherent climate justice policies.  
  • This body, potentially under the Prime Minister’s Office, should oversee policy design, implementation, and compliance monitoring. 
• Utilise Advanced Technology and Environmental Audits:  Integrate AI, IoT sensors, satellite monitoring, and third-party audits mandated by the Environment Audit Rules, 2025, to detect violations early.  
  • AI-supported analytics help courts and policymakers identify enforcement gaps and direct resources effectively.  
  • Real-time data dashboards for air, water, and soil quality will empower both regulators and communities. 
• Institutionalise Inclusive and Participatory Approaches: Marginalised communities—tribals, farmers, urban poor—must be prioritised in decision-making through formal mechanisms and empowerment programs. 
  • Initiatives like the Van Dhan Vikas Kendras exemplify integrating livelihood and conservation objectives.  
  • Strengthening environmental democracy helps address socio-environmental inequities and fosters resilience. 
• Accelerate Renewable Energy and Just Transition Frameworks:  India should expand financial and policy incentives for decentralised clean energy—solar pumps, biomass, microgrids—especially in vulnerable rural areas.  
  • Phasing out coal dependency must be coupled with social safety nets, retraining, and job creation for coal workers in Jharkhand, Odisha, and Chhattisgarh to ensure a just transition. 
• Align Domestic Policies with International Climate Norms:  India must fully implement commitments under the Paris Agreement and leverage global platforms like the International Solar Alliance to secure climate finance, technology transfer, and collaborative adaptation strategies.  
  • The Green Mandate 2025 agenda should institutionalise Environmental, Social, and Governance (ESG) principles, reflecting global best practices. 

Conclusion:

India’s pursuit of environmental justice aligns deeply with several Sustainable Development Goals (SDGs), emphasising the integration of ecological sustainability and social equity. India's evolving environmental governance strives to fulfil SDG 6 (Clean Water and Sanitation), SDG 11 (Sustainable Cities and Communities), SDG 13 (Climate Action), and SDG 16 (Peace, Justice, and Strong Institutions). Moving forward, inclusive governance, stringent enforcement, and climate-resilient policies are essential to achieve a just, sustainable future, leaving no one behind.