ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Articles by Sanjay Parikh and Geetanjoy SahuSubscribe to Sanjay Parikh and Geetanjoy Sahu

Has the Judiciary Abandoned Environment for Neoliberalism?

This paper explains how India's deregulation, decontrolling, and delicensing policies post-1990 have altered the environmental philosophy of the Indian judiciary. We discuss a series of environmental judgments, especially of the Supreme Court, to substantiate our argument that there is a shift in its approach of the Indian Supreme Court from the right to a healthy environment to an exclusionary sustainable development idea that undermines the basic principles of environmental justice. We summarise that neoliberalism has profoundly influenced the nature and pattern of environmental judgments in India. In doing so, we begin our argument on how neoliberal principles are antithetical to the principle of environmental justice, followed by a detailed discussion on the role of the Indian judiciary in environmental litigations challenging infrastructure and massive investment projects driven by neoliberal policies. In this context, one caveat is in order. This article has not covered the environmental judgments of green tribunals in India.
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