In a significant shift towards environmental jurisprudence, the Supreme Court of India is embracing an ecocentric approach in environmental litigation, as outlined by Justice BV Nagarathna. This paradigm shift emphasizes that human interests do not inherently outweigh those of the environment, marking a departure from the traditional anthropocentric perspective.
Speaking at the valedictory session of the National Green Tribunal’s International Conference on ‘The Future of Environment and Climate Dynamics’, Justice Nagarathna highlighted the philosophical underpinning of this approach. She noted that, under this new framework, obligations to the non-human world exist independently of their utility to human beings.
‘This involves acknowledging that human interests, simply by being human, do not automatically precede the interests of the non-human world. We bear responsibilities towards all life forms, which exist beyond their usefulness to us,’ Justice Nagarathna elaborated.
Furthermore, she underscored the necessity of foresight in environmental adjudication. Unlike other legal areas, environmental law requires courts to address ongoing risks, often amid scientific uncertainties and with the potential for irreversible outcomes. ‘Environmental adjudication is a foresight exercise, necessitating that courts manage present issues with a keen awareness of future implications,’ she stated.
Justice Nagarathna also addressed the broader implications of environmental justice, which demands that courts and governments take into account the varied impacts of environmental decisions on different regions, communities, and generations. The transboundary nature of many environmental challenges, such as pollution, climate change, and biodiversity loss, necessitates international cooperation.
‘Effective environmental governance requires more than just rights; it demands robust institutions, enforcement, transparency, accountability, and access to justice,’ she remarked, highlighting the need for comprehensive frameworks to address these global issues.
