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India's Top Court: Eco-Harms Need New Legal Rules
20 Sep
Summary
- Environmental harms are no longer regional but global issues.
- Legal standards must adapt to evolving ecological challenges.
- Courts must govern the present with future consequences in mind.
Supreme Court Justice B.V. Nagarathna has called for updated legal standards to confront environmental harms that disregard geographical boundaries. She noted that the impacts of ecological decisions are felt unevenly across regions, communities, and generations, necessitating a balance between development and conservation.
Speaking at an international conference, Justice Nagarathna stated that current environmental crises like pollution and climate change are transboundary, demanding global regulation. She explained that adjudicating environmental disputes requires courts to look beyond past wrongs and address unfolding risks, often under scientific uncertainty.
Justice Nagarathna further elaborated that the Supreme Court is shifting towards an "ecocentric" approach, recognizing obligations to the non-human world independent of human utility. This aligns with the growing global emphasis on "environmental justice," accounting for differentiated social impacts alongside aggregate outcomes.
