Manindra Singh Hanspal, Research Scholar, Post Graduate Department of Law, Sambalpur University, Jyoti Vihar, Burla, Sambalpur, Odisha, India
ABSTRACT
Judicial activism has shaped India's environmental law and disaster management practices. This research paper investigates the extent to which Indian courts have influenced disaster management through environmental adjudication, highlighting the transformation induced by landmark court decisions. The study uses a qualitative analysis method to examine various significant cases where judicial rulings have set precedents in environmental governance. These cases include seminal judgments like M.C. Mehta v. Union of India, which established new environmental responsibility and disaster preparedness standards. The results indicate that judicial interventions have enforced compliance with environmental laws and inspired legislative enhancements, reflecting a proactive approach in disaster management frameworks. Mainly, principles such as the Precautionary Principle and the Polluter Pays Principle have guided judicial decisions directly affecting disaster management policies. These principles have been effectively integrated into national regulations, ensuring a more robust disaster management system. The implications of this study reveal that judicial activism can serve as a critical mechanism in bridging gaps within existing legislative frameworks, thereby enhancing disaster preparedness and response strategies. The paper suggests that sustained judicial engagement is essential for evolving disaster management practices. It recommends incorporating comprehensive judicial training in environmental and disaster management sciences, which could further empower the judiciary to make informed decisions that align with contemporary challenges in disaster management. This approach could lead to more grounded and scientifically informed judicial activism, fostering a resilient legal framework for environmental and disaster management in India.
Keywords: Judicial Activism, Environmental laws, Disaster Management, Precautionary Principle, Polluter Pays Principle.
Comments