Tejaswini U, St. Joseph's College of Law, Bengaluru, Karnataka
“A thing is right when it tends to preserve the integrity, stability, and beauty of the biotic community.’’ - Aldo Leopold, A Sand County Almanac
ABSTRACT
All Human civilizations have developed in the climatically and geographically stable period of the Holocene which began roughly around 12,000 years ago. However, since the industrial revolution, human activities have fundamentally altered the Earth’s surface and atmosphere so as to usher in a new geological epoch, the Anthropocene. The impacts of climate change and ecological degradation caused by anthropogenic activities not only threatens and renders vulnerable human communities, but animals and ecosystems as well. The complex challenges of the anthropocene effaces the delineation between social systems and natural systems; the Earth as a whole is now perceived as a social-ecological system (SES). SES as a conceptual framework is based on the evident link between the ecological condition of the planet and social justice (of equity and human welfare). However, environmental law, justice and policy discourse to a large extent ignores the interests of ecosystem dependent communities and ecological integrity- the inherent interests of non-human Nature to survive, function and flourish. The Indian Supreme Court (SCI) has played a pivotal role in the development of environmental law and governance of the country, through the incorporation of international environmental principles like sustainable development and the precautionary principle into India’s environmental jurisprudence. The effectiveness of a country’s environmental laws at the systemic level has the potential to preserve or destroy the very natural environment (ecosystems) which sustains people and at the micro level protect or violate related fundamental human rights. Thus, environmental law and governance assumes a vital role in determining how well we live. In this context, Rule of law is both the means and an end for good governance. A legal system which upholds environmental rule of law ensures clear, implementable laws, executive accountability, consistent and inclusive decision-making process and protection of environmental rights. This paper firstly, attempts to substantiate the conclusion that the honourable SCI is complicit in defeating both thin and thick conceptions of rule of law, by evaluating landmark judgments on the principle of sustainable development (SD principle) and analysing the evolved jurisprudence on a threefold criteria of A. clarity in legal reasoning, B. consistency in application of the SD principle and C. protection of ecological integrity. These criteria to evaluate whether the Indian SC improves or undermines the conception of ROL is formulated on the basis of the UNEP definition of EROL which provides an ecocentric framework, referred to as the ‘Rule of law for Nature’ (ROLN). The paper also traces the contemporary discourse on environmental rule of law (EROL) as adopted by the SCI in recent cases. Secondly, based on Klaus Bosselman’s theory, the paper argues for the recognition of ‘ecological integrity’ as forming the core of SD principle by the SCI to ensure clarity, consistency, sound legal reasoning and participatory decision making in environmental governance for greater realisation of ROLN in Indian environmental governance.
Keywords: environmental rule of law (EROL), ecological integrity, sustainable development, social justice, rule of law for nature (ROLN)
Comments