Research Findings – Courting the Environment
Implementation of Environmental Judgments
The Indian judiciary has played an immense role in developing a progressive environmental jurisprudence. It has intervened in issues ranging from the protection of coastal areas to the improvement of air quality in the Delhi National Capital region to protect the Taj Mahal, to the discharge of industrial effluents into rivers and lakes. As important as these interventions have been, and as path-breaking, as the environmental legal principles the judiciary has articulated are, it is also the case that not all environmental judgements have been implemented as effectively as they should have been.
Although, there is enough and more scholarly literature on judicial activism in environmental governance and the role of public interest litigation (PIL), there are very few studies that are data-driven and seek to understand the variation in enforcement of environmental judgements. While the immediate objective of the study is to identify ground-level challenges and concerns with the implementation of environmental judgments, it is also intended to create social awareness about the imminence of environmental degradation and initiate a conversation on strengthening post-judgment monitoring. This is ultimately intended to leverage policy reform for the stronger implementation of environmental laws.
This report is part of the project ‘Courting the Environment’ where Vidhi has tracked the implementation of five landmark environmental judgments through documentary films and case briefs. To know more about the project and watch the films visit the Courting the Environment project page.
Filed Under
About the Authors
Debadityo is a Senior Resident Fellow and Lead, the Climate & Ecosystems team at Vidhi. His research interest lies in the intersection of ecology, law, and policy. He graduated with B.Sc. (Hons) in Zoology from the University of Delhi in 2009 and completed M.Sc. (Tech.) Environmental Science & Technology from Banaras Hindu University in 2012. He has also undertaken training on Tropical Forest Restoration from Yale School of Forestry and Environmental Studies in 2016. He has over 12 years of professional experience in issues related to the environment and wildlife protection. In the past, he has worked with organizations like Vikram A. Sarabhai Community Science Centre, Legal Initiative for Forest & Environment, WWF-India, Wildlife Trust of India and several grassroots organizations. He is founder and trustee of Vindhyan Ecology and Natural History Foundation (since 2012). He is a recipient of the Sanctuary Wildlife Service Award' (2019) and is member of IUCN-Species Survival Commission’s Bear Specialist Group and EKOenergy network, Helsinki. Debadityo has also initiated litigations in the National Green Tribunal on issues related to environmental clearance, declaration of eco-sensitive zones and compensation for environmental damage.
Dr. Dhvani Mehta {B.L.S. LL.B. (University of Mumbai); BCL, D.Phil (Oxon)} is a Co-Founder at Vidhi and Lead, Health. She has worked specifically on research projects on environmental clearances, the National Green Tribunal, organ transplant laws, end of life care, and pharmaceutical and medical device regulation. She has appeared in the Supreme Court of India in petitions filed by Vidhi on advance medical directives and discrimination against persons affected by leprosy. She has authored chapters on the implementation of environmental judgments and healthcare corruption in India. Dhvani read for a doctoral degree at the University of Oxford on a Rhodes Scholarship, where she was Chairperson of Oxford Pro Bono Publico and an editor of the Oxford Human Rights Hub blog. Her doctoral thesis explores the idea of an environmental rule of law in India and was cited by the Supreme Court of India.
Esha was a Project Fellow at Vidhi.
Shyama Kuriakose was a Senior Project Fellow at Vidhi.
