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Title: Determining Environmental Compensation in India: Lessons from a Comparative Perspective
Authors: Nath, Raghuveer
Rosencranz, Armin
Keywords: Environmental degradation
Sustainable development
Issue Date: 22-Jan-2020
Publisher: Environmental Policy and Law
Citation: Nath, R., & Rosencranz, A. (2020). Determining Environmental Compensation in India: Lessons from a Comparative Perspective. Environmental Policy and Law, 49(4-5), 246–252.
Abstract: The Indian judiciary, through the 1980s, responded to governmental inaction towards environmental degradation through the process of public interest litigation. This allowed the courts to provide wider remedies by way of procedural innovations such as the expansion of locus standi and the introduction of a nonadversarial procedure. By reading the right to a clean environment as a subset of the right to life guaranteed under Article 21 of the Indian Constitution, the courts sought to prevent further degradation of the environment. Although the Supreme Court enunciated the principles of sustainable development, along with the precautionary and “polluter pays” principles, there was no proenvironment consistency in the Court’s decisions.
Appears in Collections:JGU Research Publications

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