CONCEPT OF ENVIRONMENTAL JUSTICE

Dr. Shailendra Kumar Gu!a

"
The present article intends to understand the linkages between the
concept of justice and environmental justice. The concept of
environmental justice has been as complex as the concept of justice itself.
In order to provide jurisprudential perspective of environmental justice
the present discussion has been broadly divided into following heads :
1. The Concept of ustice as the !ain philosophical "oundation of
the Concept of #nvironmental ustice.
$. %hilosophical and Theoretical "ramework of the #nvironmental
ustice.
&. 'elationship between !ainstream #nvironmental !ovement
()ustainability !ovement* and #nvironmental ustice !ovement
()ocial ustice !ovement in #nvironment*
+. ,istorical %erspective of the #nvironmental ustice !ovements
-. .efinition and %rinciples of the #nvironmental ustice.
/. 0hopal !ass .isaster and #nvironmental ustice in India.
#. The C$n%e! $& Ju'!i%e A' !he Main Phil$'$hi%al F$unda!i$n
$& !he C$n%e! $& En(ir$nmen!al Ju'!i%e )
The concept of environmental justice has been closely linked with
the concept or theories of justice. 1ny discussion on the concept of
2
)enior 3ecturer4 "aculty of 3aw4 0anaras ,indu 5niversity4 6aranasi.
%age $ of &7
environmental justice4 therefore4 re8uires a brief discussion on the
concept of justice.
9:hat is justice;< asked )ocrates in %lato=s Republic4 and ever
since4 this has been one of the leading 8uestions of philosophy and all
social thinking.
1
%rof. ohn 'awls4 one of the influential political
philosopher of the twentieth century4 has beautifully highlighted the
importance of the concept of justice. ,e writes :
9ustice is the first virtue of social institutions4 as truth is of
systems of thought. 1 theory however elegant and economical
must be rejected or revised if it is untrue> likewise laws and
institutions no matter how efficient and well?arranged must be
reformed or abolished if they are unjust. #ach person possesses
an inviolability founded on justice that even the welfare of
society as a whole cannot override. "or this reason justice denies
that the loss of freedom for some is made right by a greater good
shared by others. It does not allow that the sacrifices imposed on
a few are out weighted by the larger sum of advantages enjoyed
by many. Therefore in a just society the liberties of e8ual
citi@enship are taken as settled> the rights secured by justice are
not subject to political bargaining or to the calculus of social
interests. The only thing that permits us to ac8uiesce in an
erroneous theory is the lack of a better one> analogously4 an
injustice is tolerable only when it is necessary to avoid an even
greater injustice. 0eing first virtues of human activities4 truth and
justice are uncompromising<.
$
The debate relating to the concept of justice has been philosophical
in nature but on the same time it has also been used to solve concrete
problems of different era of history. ,ighlighting the theoretical and
practical importance of justice %rof. )olomon and !urphy have said :
9An the one hand4 the 8uestion 9:hat is justice;< is an invitation
to the most abstract sort of philosophical speculation. :hat is the
good society; :hat makes a government legitimate; :hat kind
1
. )olomon4 'obert C. and !urphy4 !ark C. (#ds.* What Is Justice? Classic and
Contemporary Readings, (Bew Cork : Axford 5niversity %ress4 $DDD4 )econd #dn.*
p. &.
$
. 'awls4 ohn4 A Theory of Justice, (Axford : Axford 5niversity %ress4 1EF$*
pp. &?+.
%age & of &7
of creatures does God4 or Bature4 intend us to be; :hat is our
essential relationship to our fellow human beings4 and what
obligations do we have to one another; :here did these
obligations come from; An the other hand4 the 8uestion of justice
focuses our attention on the concrete problems of our times. 1
theory of justice has the extremely difficult task of bridging the
abyss between the abstract and the eminently practical. Bo theory
of justice can long remain on the luxurious level of philosophical
speculation without diving down into the particularities of social
life but no attempt to solve the problems of daily politics can long
sustain itself without reaching up to the heights of philosophy4
struggling as )ocrates struggled to come to grips with the
definition of justice4 with its essential nature and justification<.
&
The concept of justice has been4 indeed4 a baffling concept.
%hilosophers4 political thinkers and jurists do not agree on a single
definitionHconcept of justice. 'ealising this difficulty %rof. '.:.!. .ias
has rightly said4 9the 8uest for justice has been as challenging as the 8uest
for the ,oly Grail4 and as elusive. To some this is because justice is a
will?o=? the ? wisp4 to others because it is too vast to be encompassed by
one mind.
+
)imilarly4 %rof. #dgar 0odenheimer4 while writing a chapter
entitled IThe Juest "or ustice=4 has pointed out Iversatile= nature of
justice which ultimately aims for a Igood society=. ,e says :
9ustice has a protean face4 capable of change4 readily assuming
different shapes4 and endowed with highly variable features.
:hen we look deeply into this face4 trying to unravel the secrets
hidden behind its outward appearance4 bewilderment is apt to
befall us. An the theoretical level of philosophy4 many diverse
and discrepant views of Itrue< justice4 often claiming absolute
validity4 have been set forth by thinkers and jurists in the course
of the centuries. An the pragmatic level of societal orders4 many
different approaches have been taken towards solving the
problem of the 9good society<.
-
&
. )olomon and !urphy4 op. cit., pp. &?+.
+
. .ias4 '.:.!.4 Jurisprudence, (5K : 0utterworth4 1E7F4 "ifth #dn.* p. /-.
-
. 0odenheimer4 #dgar4 Jurisprudence, (.elhi : 5niversal 0ook Traders4 1EF+ 'evised
#dn.4 )econd Indian 'eprint 1EEF* p. 1E/.
%age + of &7
%hilosophers4 political thinkers and jurists have confronted with the
problem of offering a precise definition of the term Ijustice= on account of
following three difficulties :
First4 the term Ijustice= is assigned different meanings by different
people at different times and different places. Bot only this4 its
implications vary from man to man on account on their varying
interpretations.
econd4 the idea of justice is a dynamic affair. 1s such4 its
implications change with the passage of time. Thus4 what was justice in
the past may be injustice in the present and vice versa> it is also possible
that the justice of today becomes the injustice of tomorrow and vice
versa.
Third4 a further difficulty arises in reconciling the abstract notions
of justice with its practical manifestations. "or instance4 one may talk of
the divine justice or moral justice4 but it will not be conformable to any
set of empirical standards and4 for this reason4 not capable of practical
application.
/
ustice connotes different things for different people. The meaning
of justice also depends on our view of society and its various aspects as
also where do we find ourselves in the society. "or a man of law4 justice
means the judgement pronounced by a judge> for a man of religion4
justice means a set of morals and values> for a poor4 justice means
abolition of poverty4 for a worker4 justice means ade8uate wages and
better working conditions4 for a subaltern4 justice means absence of
outrages committed on him> for a feminist4 justice would include
abolition of male domination over female and last but not the least for an
/
. ohri4 .C.4 Contemporary !olitical Theory4 (Bew .elhi : )terling %ublishers %vt.
3td.4 1EFE "irst #dn.4 'evised 'eprint 1EE&* p. &&7.
%age - of &7
environmentalist4 justice means prevention and control of pollution4
protection of environment and respect for natural environment etc.
The history of the concept of justice is about two thousand and five
hundred years old. .uring this long period great saints4 philosophers4
thinkers and jurists have propounded various theories in different
disciplines of learning such as philosophy4 ethics4 religion4 politics4
economics and law etc. The concept of environmental justice has linkages
with the various theories of justice. In order to understand these linkages
between justice and environmental justice4 hereinafter4 an effort has been
made to briefly present various theories or views relating to the concept
of justice.
#.# Phil$'$hi%al The$rie' $& Ju'!i%e
The theories relating to the word Ijustice= has been different in
different times. "irst of all4 we may take up the philosophical
interpretation finding its place in the ancient scriptures as well as in the
affirmations of the early philosophers. "or instance4 justice in Indian
ancient tradition has been identified with the concept of I.harma=
(righteousness or righteous way of life*. .r. 5.C. )arkar refers to four
senses in which the term I"harma= may be used : (1* It means religion in
the category of theology. ($* it means virtue as opposed to vice in the
category of ethics. (&* It means law in the category of jurisprudence. (+* it
means duty in the category of actions.
F
1ccording to ,indu jurisprudence4
I"harmanaya=4 meaning e8uity and justice4 is given precedence over
I"harma= meaning law4 whenever there is any conflict between the two.
7
F
. )arkar4 5.C.4 #pochs in $indu %egal $istory (,oshiarpur (India*4 1E+7* p. 1E4
8uoted in ohri4 .C. op. cit. p. &+$.
7
. Ibid..
%age / of &7
:ith the sophists of ancient Greece4 justice mean interest of the
stronger social groups which impose their will on the other groups. 1s
against this4 %lato in 'epublic4 emphasi@ed on the Imoral and ethical
elevement= of justice by saying that it means performing one=s duties with
all abilities and capacities towards the social whole. 1ristotle highlights
the Idistributive= aspects of justice and holds the view that justice means
e8ual share to the e8uals and une8ual share to the une8uals. It may be
pointed out that both %lato and 1ristotle propounded the Iphilosophical
conception= of justice. )ubse8uently4 this philosophical conception of
justice was mixed up with the Inatural idea= of justice developed first by
the )toics and then followed by the 'oman lawyers. 1fter that justice
assumed a religious complexion when Christianity became the official
religion of the 'oman empire.
#.* Na!ural La+ The$rie' $& Ju'!i%e
The natural theory of justice may be understood as an extension of
the philosophical theory4 it treated justice as an ideal of absolute value
whereby the right order could be established. :hat the )toics meant by
nature was that the ruling principle in the universe was Ireason=. Their
idea of living Iin agreement with nature= was4 therefore4 fundamentally a
canon of living according to the norm which man ought to reali@e. This
idea was borrowed by the 'oman lawyers who took justice as an ultimate
end. The distinctive contribution of the 'oman lawyers4 however4 lies in
their integration of the idea of Inatural justice= with the positive law of the
)tate with the result that &us ci'ile (civil law* and &us gentium (law of
nations*4 as they called it4 were insisted upon to be in conformity with the
law of nature.
%age F of &7
The idea of natural justice was mixed up with the divine sanction
with the advent of Christianity. :hat the )toics and 'omans meant by
Inature= became IGod= to the Church "athers. The result was that religious
canons became handy instruments to distinguish between the justice and
unjust. )t. 1ugustine linked up the idea of justice with the precepts of the
Christian religion. )t Thomas 18uinas ruled that in case the civil law was
contrary to natural law4 it was not binding on the Iconscience of the
ruled=. In this religious context the 9nature is not a source of justice which
is distinct from religion and from ethics : it is rather a combination and
fusion of religion and ethics<.
E
#., The R$le $& Ju'!i%e Durin- Re&$rma!i$n and !he Renai''an%e
!$ !he Nine!een!h Cen!ur.
#/
1ccording to %rof. '.:.!. .ias after the disintegration of ,oly
'oman #mpire4 independent national states emerged in #urope4
individuals wished to free themselves from the church and feudal system
and rising commercial middle class wanted freedom to preserve its trade.
The individuals therefore found that a powerful sovereign was their best
guarantee against interference4 and the need was to foster the power of
the sovereign.
!achiavelli advocated that the state and its sovereign have to be
supreme and subject to no external control. 1gain Thomas ,obbes4 in
%e'iathan4 justified absolute sovereign power by postulating an
imaginary Isocial contract= between ruler and ruled. In this way natural
law theory had come to support power of the sovereign. 1ctually ,obbes
lived through the Civil :ar in #ngland4 so his preoccupation was with
E
. 0arker4 #rnest4 !rinciples of ocial and !olitical Theory, (3ondon : Axford
5niversity %ress4 1E/F* p. 1DE 8uoted in ohri4 .C.4 op. cit. p. &++.
1D
. .iscussion under this title has been mainly adopted from .ias4 '.:.!.4 op. cit., pp.
F7?7-.
%age 7 of &7
stable and secure government. ,owever4 subse8uently4 under the guise of
Isovereignty of states=4 the #urope saw the Thirty Cears :ar. In order to
restraint states= unbridled pursuit of selfish policies ,ugo Grotius4
preached a body of duties based on natural law4 known later as
Iinternational law=.
In the municipal sphere4 individual4 also faced tyranny of sovereign
and it gave rise to the domestic struggle for immunity from the abuse of
the sovereign power. In support of this movement the natural law doctrine
of social contract was refurbished by ohn 3ock who also advocated for
natural right to own property. ohn 3ock championed the revolution of
1/77?1/7E4 and idea that positive law might thus be overborne by natural
law sustained the 1merican colonies in their successful defiance of the
0ritish %arliament in the fateful years 1FF-?1F71. 1nother way of
controlling governmental power was put forward by the "rench
%hilosopher !ontes8uieu who propounded Idoctrine of separation of
power= of the state. In "rance the continuing need to protect the
individual against an oppressive monarchy found expression in the
'ousseau=s ITheory of general will= in which aforesaid theory of social
contract underwent yet another revision. The idea of general will has
given the birth to the institution of democracy. 'ousseau=s theory was
utili@ed as the philosophy of the "rench 'evolution4 1F7E.
#.0 S$%iali'! The$rie' $& Ju'!i%e ) Mar1i'!2 Anar%hi'!2 Dem$%ra!i%
S$%iali'!
If socialism4 in its essence4 means4 as it really is4 not a very
favourable attitude towards capitalism4 all of them are the socialists : the
anarchists4 for example condemn capitalism as a charter of economic
exploitation> the !arxists provide a severe criti8ue of capitalist mode of
%age E of &7
production> the democratic socialists see4 in capitalism4 the worst form of
moral degradation. If socialism is the political philosophy of the working
class or a doctrine that claims to fight for the cause of the workers4 then
all of them?the anarchists4 the !arxists and the democratic socialists?are
socialists. If socialism4 regards exploitation as the conse8uence of uneven
distribution of social wealth4 then all of them can4 and in fact should
have4 claim to be socialists. If socialism means justice for the worker4 the
poor4 the lowly4 the downtrodden4 then all are4 indeed4 socialists.
11
#.3 Li4er!arian Ju'!i%e ) 5a.e62 Ra+l' and N$7i%6
The libertarian justice generally stands opposite to socialist view of
justice. It is individualistic and follows the notion of liberty. In economic
term4 it demands : 9no more redistribution<> in political terms4 it asks for
a minimal state> in social terms4 it admits the claims of ine8uality.
%rominent philosophers of libertarian justice are ".1. ,ayek (The
Constitution of %iberty4 1E/D*4 ohn 'awls (A Theory of Justice4 1EF$*
and 'obert Bo@ick (Anarchy, tate and (topia4 1EF+*.
#.8 Ra+l' $n Ju'!i%e 9 A Redi'!ri4u!i$ni'! Plea &$r Ju'!i&ied
Ine:uali!.
Ane of the most interesting modern attempts to defend principles
of justice is found in ohn 'awls=s A Theory of Justice )*+,-.4 as now
reformulated in !olitical %iberalism (1EE&*. Ane cannot think about
justice4 one commentator observed4 without talking a position in 'awls=s
Theory of Justice.
1$
11
. 1rora4 B... L 1wasthy4 ).).4 !olitical Theory4 (Bew .elhi : ,ar?1nand
%ublications4 1E7/ #dn.*4 p. $FF.
1$
. "reeman4 !...1.4 %loyod/s Introduction To Jurisprudence, (3ondon : )weet and
!axwell 3td.4 $DD14 )eventh #dn.*4 p. -$&.
%age 1D of &7
In !olitical %iberalism4 'awls postulates a four?stage se8uence
whereby the two principles of justice (Iliberty= and Ie8uality=* are
incorporated into the institutions and policies of a constitutional
democracy.
The first stage is the 9original position<4 followed by constitutional4
legislative and judicial stages.
1t the constitutional stage4 the general structure of government and
the political process are embodied in the constitution. )o are the e8ual
basic liberties of the first principle of justice. The second principle of
justice is not4 however4 on 'awls=s view4 a constitutional sine 8ua non for
a constitutional democracy. It is his view that the history of successful
constitutions suggests that principles to regulate economic and social
ine8ualities4 and other distributive principles4 are generally not suitable as
constitutional restriction. 'awls is4 of course4 referring largely to the
1merican experience.
The second principle of justice is incorporated only at the
legislative stage4 and then only insofar as it is accepted by citi@ens.
'awls thus has a dualist conception of constitutional democracy4 with
what the 9%eople< will initially as a 9higher law< than what subse8uently
emanates from legislative bodies.
1t the judicial stage4 this dualism is protected by the courts4 one
role of which is to protect the higher law against challenges and
encroachments by ordinary legislation. 'awls is thus committed to the
institutions of judicial review as a necessary feature of a constitutional
democracy.
1&
1&
. "reeman4 !...1.4 op. cit.4 pp. -$/?-$F.
%age 11 of &7
Though ohn 'awls has been generally characteri@ed as libertarian
but his theory of justice significantly differs from others philosophers4
like ,ayek and Bo@ick4 of libertarian tradition. The publication of 'awls=
book : A Theory of Justice (1EF$* created a stir in the world of great
liberal theorists of the :est who took it as an outstanding work on social
and political theory in the second half of the twentieth century.
The outstanding features of the 'awls= theory is that here the
argument of utilitarianism as given by 0entham is apparently rejected but
really modified so as to be in harmony with the idealism of Kant. The
basic flaw of the theory of utilitarianism is that it threatens to oppress
some members of the society (e.g. even poorest4 vulnerable4 subaltern* in
the interest of the greatest good of the greatest number. 'awls4 unlike
,ayek or Bo@ick4 gives e8ual emphasis on Ie8uality= along with Iliberty=.
,is theory of justice is known as Idistributive= through which he wants to
provide Igreatest benefit= to the Ileast advantaged=.
1+
'awls= theory of justice has also been utili@ed for advancing the
goal of environmental justice under which the idea of distribution has
been a key element.
#.; Su4al!ern and Femini'! The$rie' $& Ju'!i%e
The dictionary meaning of subaltern is subordinate Ilower in rank=4
particularly Ibelow the rank of captain=. In social science4 it would4
broadly speaking4 mean an individual or a group standing lower in the
social pyramid: the poor4 the lowly4 the downtrodden4 in short4 the weaker
sections of society. In broad sense4 subaltern would include the tillers4 the
tribals4 the agricultural labourers4 the scavengers4 the leather workers4 in
Gandhiji=s terminology4 Ithe ,arijan=4 the .alits4 the weakest of the weak.
1+
. %rof. 'awls reaches to this conclusion through his first and second principles of
justice. 'awls4 ohn4 A theory of Justice4 op. cit.4 pp. &D$?&D&
%age 1$ of &7
It is interesting to note differences between the !arxian notion of
opposing classes at different stages of history and the subaltern
groupings. :hereas in the !arxian thesis4 these antagonistic classes are
economically determined groups4 in the subaltern connotation4 the
groupings are socially and culturally determined as well.
1-
The feminist philosophy4 including its political theory4 speaks of
man=s domination of woman as a curse inflicted on her by a socially?
structured?male society. :hat is actually a natural sex?ine8uality is made
a social gender ine8uality. The base on which lies feminism is the idea of
e8uality. "eminism abhors ine8uality between man and woman4 and
conversely demands e8uality as the very core of society. 0ecause woman
is regarded une8ual to man4 she is made to suffer throughout her life: her
subordination4 powerlessness and oppression are the conse8uences of
male dominance. ustice4 in feminist perspective4 demands escapism from
woman=s internali@ation of female gender4 and the low self?esteem4
apathy and sense of helplessness that goes with it. The feminists do not
regard law to be neutral in disputes between man and woman> the idea of
justice is4 by its very nature4 male?structured. The feminist perspective on
justice means4 among others4 elimination of all male domination4 e8uality
of rights4 bridging the public and the private spheres4 and creation of
society4 culture and politics in new4 rather non?patriarchal forms.
1/
*. Phil$'$hi%al and The$re!i%al Frame+$r6 $& En(ir$nmen!al
Ju'!i%e
The concept of environmental justice has been closely linked with
the new tide in global environmentalism. Concept of environmental
justice has emerged as a new version of justice and it has been linked4 in
1-
. 1rora and 1wasthy, op. cit., p. $7E
1/
. Ibid., pp. $ED?E1.
%age 1& of &7
many ways4 with the earlier versions of justice such as philosophical4
religious4 ethical4 social4 economic and political justice.
1F

,ereinafter4 we have attempted to present the theoretical
framework of environmental justice under the following two broader
heads.
*.#.*.# En(ir$nmen! Ju'!i%e Under An%ien! Indian Tradi!i$n.
1ccording to %rofessor A.%. .wivedi4 the relationship between
human beings and nature attracted the seers of the 6edic period in a
manner incomparable to any other religious and cultural traditions. The
6edic seers acknowledged that the material causes of this creation
happened to be the !anch 0ahabhutas ("ive Great #lements*>
traditionally they are enumerated in the following order as earth4 air4
space4 water and light?fire. These five !ahabhutas are cosmic elements
1F
. "or the academic writings relating to environmental justice4 environmentalism and
environmental movements4 )ee generally4 )hastri4 ).C..4 #n'ironmental %a1
(3ucknow : #astern 0ook Company4 "irst #dn. $DD$*> !artine@?1lier4 oan.4 The
#n'ironmentalism of the !oor (Bew .elhi : Axford 5niversity %ress4 "irst edn.
$DD-*> Guha4 'amacandra (ed.*.4 ocial #cology (Bew .elhi : Axford 5niversity
%ress4 $DD1*> Guha4 'amachandra.4 #n'ironmentalism 2 A 3lobal $istory (Bew .elhi:
Axford 5niversity %ress4 $DDD*> Guha4 'amachandra and !artine@?1lier4 oan.4
4arieties of #n'ironmentalism 2 #ssays 5orth and outh (Bew .elhi : Axford
5niversities %ress4 1EE7*> Gadgil4 !adhav and Guha 'amachandra.4 This Fissured
%and 2 An #cological $istory of India, (Bew .elhi4 Axford 5niversity %ress4 1EEE*>
Khoshoo4 T.B.4 Gandhian #nvironmentalism: 1n 5nfinished Task4 1/(1* IAI (1EEF*
D1?1/> !ishra4 '.%.4 Indian :orldview and #nvironmental Crisis<4 in .esh 0andhu et
al.4(ed.* #n'ironmental #ducation For ustainable "e'elopment4 Indian International
)ociety4 Bew .elhi (1EE+*4 1$-?1+D> Gadgil4 !adhav and Guha4 'amachandra4
Towards a %erspective on #nvironmental !ovements in India4 -E4 Indian Journal of
ocial Wor6 (1EE7*4 +-D?+F$> 1ndharia4 anaki and )engupta4 Chandan4 The
#nvironmental !ovement: Global Issues and the Indian 'eality4 -E4 Indian Journal of
ocial Wor64 (1EE7*4 +$$?++E> 0andyopadhyay4 ayanta and )hiva4 6andana4 %olitical
#conomy of #cology !ovements<4 #!W4 une 114 1E774 1$$&?1$&$> 'ao4 !anisha4
9#cofeminism4 #nvironmentalism and :omens= !ovement in India: 1n 1nalysis<4
$$4 0an and "e'elopment ($DDD*4 1/ ?&1> Guha4 'amachandra4 9Ideological Trends
in Indian #nvironmentalism<4 #!W, .ecember D&4 1E774 $-F7 ?$-71. .asgupta4
0iplab4 IThe #nvironment .ebate: )ome Issues and Trends=4 #!W, 1nnual Bumber4
"ebruary4 1EF74 &7-?+DD.
%age 1+ of &7
which create4 nurture4 and sustain all forms of life thus they play an
important role in preserving and sustaining the environment
17
.
The Athar'a 4eda (about $DDD 0C* is perhaps the first of its kind
of scripture in any spiritual tradition where the respect to the earth has
been propounded. The !rith'i u6ta maintains that attributes of earth
(such as its firmness4 purity and fertility* are for everyone4 and no one
group or nation has special authority over them. It has been said that
human greed and exploitative tendencies have been the main cause of
environmental destruction.
1ccording to ,indu scriptures4 people must not demand or
command domination over other creatures. #co?spirituality and eco?care
re8uire that the entire universe is seen as an extended family4 with all
living beings in this universe as members of the household. This concept4
also known as 4asudha' 7utumba6am (4asudha means earth> 7utumba
means extended family*4 refers to all human beings as well as other
creatures living on earth as members of the same extended family. Anly
by considering the entire universe as a part of our extended family4 we
can (individually and collectively* develop the necessary maturity and
respect for all other living beings.
"rom the above discussion4 it may be said that people of India have
a rich religious4 social and cultural heritage of environmental justice.
,owever4 it is an irony that despite of this rich heritage India has been
considered as one of most polluted nation. It appears that we the people
17
. A.%. .wivedi4 IClassical India= in .ale amieson (ed.*. A Companion to
#n'ironmental !hilosophy, (!assachusetts: 0lackwell %ublishers Inc4 $DD1* &F ?-1 at
&7. ee also4 .wivedi4 A.%. and Tiwari4 0.B.4 #n'ironmental Crisis and $indu
Religion (Bew .elhi: Gitanjali %ublishing ,ouse4 1E7F*4 .iscussion under the title
9#nvironmental %olicy .uring 1ncient India< in )ingh4 )ukh %al4 #n'ironmental %a1
and !olicy on Air !ollution in India4 (Bew .elhi : )atyam 0ook4 $DD-4 "irst #dn.* pp.
D1?D7.
%age 1- of &7
of India have forgotten their rich ancient religious4 ethical and cultural
environmental traditions. )imilarly we have not performed our duties
relating to the environment as envisaged in the Constitution of India.
Conse8uently4 our natural as well as human environment have been badly
polluted and degraded and we have also experienced one of the worst
industrial disaster known as 0hopal mass disaster.
*.* En(ir$nmen! Ju'!i%e Under M$dern En(ir$nmen!al
M$(emen!'<Tradi!i$n
Global environmentalism arises from social conflicts on
environmental entitlements4 on the burden of pollution4 on the sharing of
uncertain environmental risks and on the loss of access to natural
resources and environmental services. The modern or contemporary
global environmental movements4 which have given birth to the different
versions of environmental justice4 grow in reaction to economic growth.
.ifferent versions of environmental justice are result of different clusters
of environmental movements. These environmental movements have
different level of relationship with environmental sciences4 feminism4
state power4 religion4 business interests4 and other social movements.
%rof. oan !artine@?1lier separates three main intertwined clusters in
environmental movement.
1E
The Icult of wilderness=4 Ithe gospel of eco?
efficiency= and the Ienvironmentalism of the poor=4 which are as channels
of a single river4 branches of a big tree4 or varieties of the same crop.
,ereinafter4 effort has been made to present the main currents of
environmentalism or main clusters in the environmental movement.
*.*.# The Cul! $& =ilderne''
*/

1E
. !artine@?1lier4 oan4 The #n'ironmentalism of the !oor 8 A tudy of #cological
Conflicts and 4aluation4 (Bew .elhi : Axford 5niversity %ress4 $DD-4 "irst Indian
#dn.* p. 1.
$D
. Ibid.4 pp. D1?D-.
%age 1/ of &7
Chronologically4 the first current is the defence of immaculate
nature4 the love of old?growth forests and wild rivers4 the Icult of
wilderness= represented already a hundred years ago by ohn !uir and
the )ierra Club in the 5nited )tates. )ome -D years ago4 1ldo 3eopold=s
%and #thic appealed not only to the beauty of the environment but also to
the science of ecology. The Icult of wilderness= does not attack economic
growth as such4 it concedes defeat in most of the industrial world4 but it
fights a Irearguard action= (3eopold=s phrase* in order to preserve the
remnants of pristine natural space outside the market.
$1
It arises from the
love of beautiful landscapes and from deeply held values4 not from
material interests. Conservation biology4 as it has developed since the
1E/Ds4 provides scientific support for this first current of
environmentalism. 1mong its achievements are the 0iodiversity
Convention in 'io de aneiro in 1EE$ and the remarkable #ndangered
)pecies 1ct in the 5)14 whose rhetoric appeals to utilitarian values but
which sets a clear priority for preservation over market use. :e need not
answer or even ask here how the step from descriptive biology to
normative conservation is taken4 or in other words4 whether it would not
be consistent for biologists to let evolution run its course towards a sixth
great extinction of biodiversity. In any case4 conservation biologists have
concepts and theories of biodiversity (hot spots4 keystone species* which
show that the loss of biodiversity proceeds by leaps and bonds. Indicators
of human pressure on the environment such as ,1B%% (human
appropriation of net primary production of biomass? show that less and
less biomass is available for species other than humans and those
associated with humans. If not scientific reasons4 there are other motives
to preserve nature4 aesthetic and religious4 even utilitarian (future edible
species4 future medicines*. !oreover4 some argue that other species have
a right to exist: we have no right to annihilate them. This current of
$1
. Ar4 rather4 outside the industriali@ing economy4 one should say4 because nature
protection in the form of a network of scientific nature reserves.
%age 1F of &7
environmentalism sometimes appeals to religion as so often happens in
the political culture of the 5nited )tates. It may appeal to pantheism or to
oriental religions less anthropocentric than Christianity and udaism.
Aver the last &D years the Icult of wilderness= has been represented at the
activist level by the Ideep ecology= movement which favours a
Ibiocentric= attitude to Bature in opposition to an anthropocentric
Ishallow= attitude. .eep ecologists dislike agriculture4 whether traditional
or modern4 because agriculture has historically grown at the expense of
wildlife. The main policy proposal coming out of this first current of
environmentalism consists in keeping nature reserves4 called Inational
parks= or something similar4 free from human interference.
*.*.* The G$'el $& E%$>E&&i%ien%.
**

The currents of environmentalism are indeed intermingled4 but the
first current4 the Icult of wilderness=4 has long been challenged by a
second current4 worried about the effects of economic growth not only
on pristine areas but also on the industrial4 agricultural and urban
economy4 a current here bapti@ed as the Igospel of eco?efficiency=4 which
focuses on the environmental and health impacts of industrial activities
and urbani@ation4 and also of modern agriculture. This second current of
the environmental movement is concerned about the whole economy. It
often defends economic growth4 though not at any cost. It believes in
Isustainable development=4 in Iecological moderni@ation=4 in the Iwise
use= of resources. It is concerned with the impacts of the production of
commodities4 and with the sustainable management of natural resources4
and not so much with the loss of natural amenities or the loss of the
intrinsic values of nature. 'epresentatives of this second current scarcely
$$
. !artine@?1lier4 oan4 op. cit.4 pp. D-?1D.
%age 17 of &7
use the word Inature=> rather4 they use Inatural resources= or even Inatural
capital= or Ienvironmental services=.
#cology thus becomes a managerial science mopping up the
ecological degradation after industriali@ation. Chemical engineers are
especially active in this current. 0iotechnologists tried to jump into it
with promises of engineered seeds which will dispense with pesticides
and will perhaps syntheti@e atmospheric nitrogen4 though they have
encountered public alarm at genetically modified organisms (G!As*.
*.*., En(ir$nmen!al Ju'!i%e and !he En(ir$nmen!ali'm $& !he P$$r
*,
0oth the aforesaid first and second currents of environmentalism
are nowadays challenged by a third current4 variously called the
environmentalism of the poor4 popular environmentalism and the
environmental justice movement. It has also been appropriately called
livelihood ecology4 even liberation ecology. This third current of
environmentalism points out that economic growth unfortunately means
increased environmental impacts4 and it emphasi@es geographical
displacement of sources and sinks. Thus the industrial countries are
dependent on imports from the south for a growing part of their growing
re8uirements of raw materials or consumption goods4 so that the oil and
gas frontier4 the aluminum frontier4 the copper frontier4 the eucalyptus
and palm oil frontiers4 the shrimp frontier the gold frontier4 the transgenic
soybeans frontierMare advancing into new territories.
The main thrust of this third current is not a sacred reverence for
Bature but a material interest in the environment as a source and a
re8uirement for livelihood> not so much a concern with the rights of other
species and of future generations of humans as a concern for today=s poor
$&
. !artine@?1lier4 oan4 op. cit.4 pp. 1D?1+.
%age 1E of &7
humans. It has not the same ethical (and aesthetic* foundations of the cult
of wilderness. Its ethics derive from a demand for contemporary social
justice among humans.
The environmental justice movement in the 5nited )tates is an
organi@ed social movement against local instances of Ienvironmental
racism=. It has strong links to the civil rights movement of the 1E/Ds. Ane
could say that4 even more than the cult of wilderness4 this movement for
environmental justice is a product of the 1merican mind so obsessed with
racism and anti?racism. IGrass?roots projects in inner cities and industrial
areas around the country have drawn attention to urban air pollution4 lead
paint4 transfer stations for municipal garbage and ha@ardous waste4 and
other environmental dangers that cluster in poor and minority
neighborhoods=. )o far4 environmental justice as an organi@ed movement
has been almost confined to its country of origin4 while popular
environmentalism or livelihood ecology or the environmentalism of the
poor are names given to the myriad of movements in the Third :orld that
struggle against environmental impacts that threaten poor people who are
in many countries a majority of the population. These include movements
of peasants whose crops or pasture land have been destroyed by mines or
8uarries4 movements of artisanal fishermen against modern high?tech
trawlers or other forms of industrial fishing that destroy their livelihood
even as they deplete the fish stocks4 and movements against mines or
factories by communities damaged by air pollution or living downstream.
This third current receives academic support from agroecology4
ethnoecology4 political ecology and to some extent4 from urban ecology
and ecological economics. It has also been supported by some
environmental sociologists.
%age $D of &7
The convergence between the rural third :orld notion of the
environmentalism of the poor4 and the urban notion of environmental
justice as used in the 5)14 was suggested by Guha and !artine@?1lier.
$+
%rof. !artine@?1lier compared the environmental justice movement in
the 5)1 and the more diffuse environmentalism of the poor worldwide4
in order to show that they can be understood as one single current. ,e
points out that in the 5)14 a book on the environmental justice
movement could well carry the title or subtitle IThe environmentalism of
the poor and the minorities=4 because this movement fights for minority
groups and against environmental racism in the 5)14 but the notion of
9the #nvironmentalism of the %oor< is concerned with the majority of
humankind4 those who occupy relatively little environmental space4 who
have managed sustainable agroforestal and agricultural systems4 who
make prudent use of carbon sinks and reservoirs4 whose livelihoods are
threatened by mines4 oil wells4 dams4 deforestation and tree plantations to
feed the increasing throughput of energy and materials of the economy
within or outside their own countries.
1ccording to %rof. !artine@?1lier what minorities and majorities
are depends on context. The 5)1 has a growing population which
represents less than - per cent of the world=s population. Af the
population of the 5)14 Iminorities= comprise about one?third. In the
world at large4 the majority of countries4 which together are the majority
of humankind4 have populations which in the 5) context would be
classified as belonging to minorities. The Chipko movement4 or the Chico
!endes struggle in the 1EFDs and 1E7Ds4 were environmental justice
$+
. ee4 Guha4 'amachandra and !artine@?1lier4 oan4 4arieties of #n'ironmentalism,
(Bew .elhi : A5%4 1EE74 "irst Indian #dn.* Chapter 1 9The #nvironmentalism of the
%oor< (pp. D&?$1*4 Chapter $ 9"rom %olitical #conomy to %olitical #cology (pp. $$?
+-*.
%age $1 of &7
conflicts4 but it is not necessary or useful to interpret them in terms of
environmental racism. The environmental justice movement is potentially
of great importance4 provided it learns to speak not only for the minorities
inside the 5)1 but also for the majorities outside the 5)1 (which locally
are not always defined racially* and provided it gets involved in issues
such as biopiracy and biosafety4 or climate change4 beyond local instances
of pollution. The civil rights heritage of the environmental justice
movement of the 5)1 is also useful worldwide because of its
contributions to non?violent Gandhian forms of struggle.
*.*.0 En(ir$nmen!al Ju'!i%e 9 Cri!i%i'm' and Re'$n'e'
It has been stated in our foregoing discussion that the
environmental movements have been concerned with purely ecological
issues including wilderness preservation4 endangered species4
overpopulation4 recycling and energy consumption. The environmental
justice movement is seen by some as an attempt to shift the focus of the
environmental movement away from these issues toward more
anthropocentric concerns such as racism4 classism4 and sexism since these
forms of oppression lead to une8ual burdens of environmental pollution
being felt by people of color4 women and low?income people. ,owever4 it
should be noted that the %rinciples of #nvironmental ustice adopted at
the "irst Bational %eople of Color #nvironmental 3eadership )ummit in
1EE1 suggest that environmental justice is not solely concerned with
anthropocentric issues since several principles stress the ecological
interconnectedness of all species4 including human.
,. Rela!i$n'hi 4e!+een Main'!ream En(ir$nmen!al M$(emen!
?Su'!aina4ili!. M$(emen!@ and En(ir$nmen!al Ju'!i%e
M$(emen! ?S$%ial Ju'!i%e M$(emen! in En(ir$nmen!@
%age $$ of &7
%rof. 1ndrew .obson in his pioneering work entitled #n'ironment
and Justice (1EE7* has studied the aforesaid relationship between the two
environmental movements and presents six conclusions Htheses
-9
which
may be summari@ed as under :
Fir'! The'i' : "irst Thesis concludes that Isustainability= and Ijustice=
may be related in three fundamental ways :
(i* The environment as something to be distributed
(ii* ustice as functional for sustainability (poverty eradication is pre?
condition for sustainability4 0rundtland 'eport 1E7F*
(iii* ustice to the environment (here Ienvironment= is a Irecipient=
rather as an Iingredient= in doing justice.*
Se%$nd The'i' : )econd thesis concludes that neither environmental
sustainability nor social justice has determinate meanings4 and this opens
the way to legitimi@ing the pursuit of either of them4 in terms of the other4
in a number of ways4 by tweaking or by making fine adjustments strategy.
Third The'i' : Third thesis concludes that the concerns of the
environmental movement and movements for social justice are
fundamentally different as far as the Inatural= environment is concerned4
although they may sometimes coincide.
F$ur!h The'i' : "ourth thesis concludes that the 8uestion of whether
sustainability and justice are compatible objective can only be resolved
empirically4 and the range and depth of empirical research re8uired to
resolve this 8uestion has not been done. 'elationship is a complex one
and it is therefore unwise to make determinate claims about them. 1ny
statement regarding the relationship between them needs to be prefaced
by an explanation of what type of social justice and what kind of
$-
. .obson4 1ndrew4 #n'ironment and Justice, (5K : A5%4 1EE7* pp. $+D?$/$
%age $& of &7
environmental sustainability is under considerations. #mpirical work4 on
relationship4 is thin on the ground and such work would provide more
solid intellectual foundation to sustainable development. :e do not know
enough to be able to say whether justice is or is not4 a necessary andHor a
sufficient condition for environmental sustainability.
It may be a necessary condition4 but only under certain
circumstances yet to be systemically explored4 and it is %rof. .obson=s
feeling that it is unlikely to be a sufficient condition since sustainability
8uestions are about more than justice. In this context4 %rof. 0rain 0arry=s
prediction that Iwhatever redistribution among contemporaries is re8uired
by justice will also be observe the constraints that the interests of future
generations be protected= will be true if the goods redistributed are Ispent=
on sustainable practice.
Fi&!h The'i' : "ifth thesis concludes that no theory of justice can
henceforth be regarded as complete if it does not take into account the
possibility of extending the community of justice beyond the realm of
present generation human beings.
- Idea of environmental sustainability ac8uires its greatest resonance
is the context of future generations.
- The environmental movement has also brought the non?human
natural world into the political frame.
In the light of aforesaid conclusions %rof. 1ndrew .obson suggests
that in sum4 theories of justice should henceforth entertain an in?principle
triangular conception of the community of justice4 with present
generation humans4 future generation humans and non human natural
world at each of the vertices of a triangle.
$/
$/
. .obson4 1ndrew4 op. cit.4 p. $+-
%age $+ of &7
Si1!h The'i' : )ixth thesis concludes that liberal theories of justice are
broadly compatible with the most common conception of environmental
sustainability.
0. 5i'!$ri%al Per'e%!i(e $& !he En(ir$nmen!al Ju'!i%e M$(emen!'
5nder this head we have made an effort to briefly present history
of the evolution and growth of the concept of environmental justice and
related environmental movements in 5)1
$F
and India
$7
. ust three
decades ago4 the concept of environment justice had not registered on the
radar screens of environmental4 civil rights or social justice groups.
1ccording to 'obert .. 0ullard4 who is also considered as father of
environmental justice movement in 5)14 in 5)1 a landmark garbage
dispute took place in ,ouston4 when 1frican 1merican homeowners in
1EFE began a bitter fight to keep a sanitary landfill out of their suburban
middle?income neighborhood.
$E
'esidents formed the Bortheast
Community 1ction Group or B#C1G. B#C1G and their attorney4 3inda
!cKeever 0ullard4 filed a class action lawsuit to block the facility from
being built. The 1EFE lawsuit4 0ean v. southwestern :aste management4
$F
. "or historical perspective of #nvironment ustice in the 1merican context. )ee
generally4 0ullard4 'obert ..4 9#nvironmental ustice in the $1st Century<4
(http:HHejrc.cau.eduHej in the $1 century.htm*4 pp. D1?$D at D1?D&. #nvironmental
ustice 'esource Center at Clark 1tlanta 5niversity4 5)14 'etrived on D+?DE?$DDF.
.obson4 1ndrew4 Justice and the #n'ironment (5K: A5%4 1EE7* pp. 1F?$E>
#nvironmental ustice at :ikipedia
http:HHen.wikipedia.orgHwikiH#nvironmentalNjusticep.$ of -4 visited on -H/H$DDF4 Cang4
Tseming4 9!elding Civil 'ights 1nd #nvironmentalism : "inding #nvironmental
ustice=s %lace in #nvironmental 'egulation<4 $/ $ar1ard #n'ironmental %a1
Re'ie1 ($DD$* 1 at D+?D7.
$7
. "or Indian historical perspective of #nvironment ustice> )ee generally4 Guha4
'amchandra (ed.*4 ocial #cology4 (Bew .elhi : A5%4 1EE-* pp. D1?1+4 Guha4
'amchandra and !artine@?1lier4 oan4 4arieties of #n'ironmentalism (Bew .elhi :
A5% 1EE74 "irst Indian #dn.* pp. D&?$14 Guha4 'amchandra4 #n'ironmentalism 8 A
3lobal $istory (Bew .elhi : A5%4 $DDD* pp. E7?1$+> !artine@?1lier4 oan4 The
#n'ironmentalism of the !oor (Bew .elhi : A5%4 $DD-4 "irst Indian #dn.* pp. 1$?1&.
$E
. This account of the history of environmental justice movement in 5)1 has been
mainly adopted from 0ullard4 'obert4 ..4 op. cit.4 pp. D1?D$.
%age $- of &7
Inc.4 was the first of its kind to challenge the siting of a waste facility
under civil rights law.
It has been suggested that the idea of #nvironmental ustice was
birthed during the struggle beginning in 1E7$ around the 1merican
:arren County %C0 3andfill.The landmark ,ouston case occurred three
years before the environmental justice movement was catapulated into the
national limelight in the rural and mostly 1frican 1merican :arren
County4 Borth Carolina. The environmental jutice movement has come a
long way since its humble beginning in :arren County4 Borth Carolina
where a %C0 landfill ignited protests and over -DD arrests. The :arren
County protests provided the impetus for an 5.). General 1ccounting
office study4 itting of $a:ardous Waste %andfills and Their Correlation
1ith Racial and #conomic tatus of urrounding Communities. That
study revealed that three out of four of the off?site4 commercial ha@ardous
waste landfills in 'egion + (which comprises eight states in the south*
happen to be located in predominantly 1frican?1merican communities4
although 1frican?1mericans made up only $DO of the region=s
population. !ore important4 the protesters put 9environmental racism< on
the map. "ifteen years later4 the state of Borth Carolina is re8uired to
spend over P$- million to cleanup and detoxify the :arren County %C0
landfill.
The :arren Country protests also led the Commission for 'acial
ustice to produce the first national study namely To;ic Waste and Race,
to correlate waste facility sites and demographic characteristics. 'ace was
found to be the most potent variable in predicting where these facilities
were located Q more powerful than poverty4 land values4 and home
ownership. In 1EED4 "umping in "i;ie 2 Race, Class, and #n'ironmental
<uality chronicled the convergence of two social movements Q social
%age $/ of &7
justice and environmental movements Q into the environmental justice
movement. This book highlighted 1frican 1mericans environmental
activism in the )outh4 the same region that gave birth to the modern civil
rights movement. :hat started out as local and often isolated community?
based struggles against toxics and facility sitting blossomed into a multi?
issue4 multi?ethnic4 and multi?regional movement.
The 1EE1 "irst Bational %eople of Color #nvironmental 3eadership
)ummit (also called )ummit I* was probably the most important single
event in the movement=s history. The )ummit broadened the
environmental justice movement beyond its early anti?toxics focus to
include issues of public health4 worker safety4 land use4 transportation4
housing4 resource allocation4 and community empowerment. The meeting
also demonstrated that it is possible to build a multi?racial grassroots
movement around environmental and economic justice.
,eld in :ashington4 .C4 the four?day )ummit was attended by
over /-D grassroots and national leaders from around the world. %eople
attended the )ummit to share their action strategies4 redefine the
environmental movement4 and develop common plans for addressing
environmental problems affecting people of color in the 5nited )tates and
around the world.
An )eptember $F4 1EE14 )ummit delegates adopted 1F 9%rinciples
of #nvironmental ustice<. These principles were developed as a guide
for organi@ing4 networking4 and relating to government and
nongovernmental organi@ations (BGAs*.
In response to growing public concern and mounting scientific
evidence4 %resident Clinton on "ebruary 114 1EE+ (the second day of the
%age $F of &7
national health symposium* issued #xecutive Arder
&D
1$7E74 9"ederal
1ctions to 1ddress #nvironmental ustice in !inority %opulations and
3ow?Income %opulations<. This order attempts to address environmental
injustice within existing federal laws and regulations.
#xecutive Arder 1$7E7 reinforces the &-?year old Civil rights 1ct
of 1E/+4 Title 6I4 which prohibits discriminatory practices in programs
receiving federal funds. The order also focuses the spotlight back on the
Bational #nvironmental %olicy 1ct (B#%1*4 a twenty?five year old law
that set policy goals for the protection4 maintenance4 and enhancement of
the environment. B#%1=s goal is to ensure for all 1mericans a safe4
healthful4 productive4 and aesthetically and culturally pleasing
environment. B#%1 re8uires federal agencies to prepare a detailed
statement on the environmental effects of proposed federal actions that
significantly effect the 8uality of human health.
The )econd Bational %eople of Color #nvironmental 3eadership
)ummit (also called )ummit II* occurred Actober $&?$/4 $DD$ also in
:ashington.
3. De&ini!i$n and Prin%ile' $& !he En(ir$nmen!al Ju'!i%e
The term Ienvironmental justice= consists of the two word
Ienvironment= and Ijustice=. 1cademic scholars and activists of
environmental justice have demonstrated that the definition4 contents and
scope of the term environmental justice ultimately depends on the fact
that how one defines the terms Ienvironment= and Ijustice=. In our earlier
&D
. "or the text of #xecutive Arder4 ee4 Rhttp:HHwww.ejrc.cau.eduHexecordr. htmlS.
#nvironmental ustice 'esource Center at Clark 1tlanta 5niversity. %p. D1?D-.
'etrived on D+?DE?$DDF.
%age $7 of &7
discussion on justice we have stated that the term Ijustice= is a protean or
versatile concept and therefore there has been various theories of justice.
)imilarly term Ienvironment= has also been seen in narrow and broader
way. In its narrow perspective Ienvironment= has been confined to
technical definition which includes natural and man made environment.
Ane the other hand it its broader perspective Ienvironment= has been co?
related to social4 political and economic factors. This broader concept of
environment has also been highlighted by the 'eport of the :orld
Commission on #nvironment and .evelopment (:C#.*4 1E7F published
as =ur Common Future. This 'eport co?relates socio?economic factors
such as poverty4 economics and trade etc. with the environment.
&1
,ereinafter we have attempted to present the various view points relating
to definition and principles of the environmental justice.
3.# De&ini!i$n $& En(ir$nmen!al Ju'!i%e
In 5)1 there has been two definitions of environmental justice4
one given by the #nvironmental %rotection 1gency (#%1* known as
official definition and second definition given by activists of
environmental justice which is considered as broader or holistic or radical
in nature.
EPAA' De&ini!i$n $& En(ir$nmen!al Ju'!i%e :
It utili@ed the term 9environmental e8uity< instead of
9environmental justice< and singularly focused on the distribution of
pollution harm and risk Q measurable and 8uantifiable risk instead of
giving proper weight to I8ualitative factors= (socio?economic factors
considered as beyond the scope of this #%1=s 'eport of 1EE$*. ,owever4
&1
. The :C#. 'eport4 1E7F4 has highlighted the growing contemporary tensions
between development and environment. It4 therefore4 highlighted the need for
Isustainable development= which has now become a bu@@ word in contemporary
academic debate.
%age $E of &7
subse8uently #%1 now has changed this analytical approach and has
moved closer to activists= approach.
&$
En(ir$nmen!al Ju'!i%e A%!i(i'!'A De&ini!i$n $& !he En(ir$nmen!al
Ju'!i%e :
To activists4 environment justice is a much more holistic concept
that include the right to a safe4 healthy4 productive and sustainable
environment for all. In this context4 the 9environment< is considered to
include the ecological4 physical4 social4 political4 aesthetic4 and economic
environments. #nvironmental ustice thus refers to the conditions in
which such a right can be freely exercised4 whereby individual and group
identities4 needs4 and dignities are preserved4 fulfilled4 and respected in a
way that provides for self actuali@ation and personal and community
empowerment.
&&
%rof. )heila "oster has also analysed the controversy relating to the
definition of environment justice.
&+
)he says4 9though neither uniformly
nor precisely defined4 environment justice is widely understood to be
concerned4 at the least4 with distributional and procedural e8uity in
environmental and natural resource decisions.
&-
%rof. "oster also 8uoted
the broader definition advocated by the scholar cum environmental
justice activist 'ober .. 0ullard4 who defines the environment justice as
under :
9Call for environment justice involve multifaceted claims4
ultimately synthesi@ing aspirations for distributional and
procedural e8uality4 political accountability4 and social justice
into an untidy theoretical framework.
&/
&$
. Cang4 Tseming4 9!elding Civil 'ights 1nd #nvironmentalism : "inding
#nvironmental ustice=s %lace in #nvironmental 'egulation<4 $/ $ar'ard
#n'ironmental %a1 Re'ie1, ($DD$* 1 at D+?D7.
&&
. Id.
&+
. "oster4 )heila4 9#nvironmental ustice in an #ra of .evolved Collaboration< $/
$ar'ard #n'ironmental %a1 Re'ie1 ($DD$*4 +-E?+E7.
&-
. Ibid.4 p. +/1
&/
. 0ullard4 'obert ..4 9#nvironmental ustice for 1ll< in 'obert .. 0ullard (ed.*4
(ne>ual !rotection 2#n'ironmental Justice and Communities of Color4 1EE+4 &4 at 1D?
114 8uoted in "oster4 )heila4 op. cit.4 note E at p. +/1.
%age &D of &7
%articipants of Central and #astern #uropean :orkshop on
#nvironmental ustice (0udapest4 .ecember $DD&* defined
environmental justice (and injustice* in the following way
&F
:
En(ir$nmen!al Ju'!i%e
1 condition of environmental justice exists when environmental
risks and ha@ards and investments and benefits are e8ually
distributed with a lack of discrimination4 whether direct or
indirect4 at any jurisdictional level> and when access to
environmental investments4 benefits4 and natural resources are
e8ually distributed> and when access to information4
participation in decision making4 and access to justice in
environment?related matters are enjoyed by all<.
En(ir$nmen!al InBu'!i%e
91n environmental injustice exists when members of
disadvantaged4 poor4 ethnic4 minority or other groups suffer
disproportionately at the local4 regional (sub?national*4 or
national levels from environmental risks or ha@ards4 andHor
suffer disproportionately from violations of fundamental human
rights as a result of environmental factors4 andHor denied access
to environmental investments4 benefits4 andHor natural
resources4 andHor are denied access to information> andHor
participation in decision making> andHor access to justice in
environment related matters<.
3.* Prin%ile' $& En(ir$nmen!al Ju'!i%e
&F
. ee4 #nvironmental ustice at :ikipedia? http:HHen.wikipedia.orgHwikiH
#nvironmentalNjustice pp.1 of -4 visited on -H/H$DDF
%age &1 of &7
The following 1F principles were adopted by delegates of the "irst
Bational %eople of Color #nvironmental ustice )ummit in 1EE1. These
principles were developed to serve as a 9guide for organi@ing4
networking4 and relating to government and nongovernmental
organi@ations.
&7
1. #nvironmental ustice affirms the sacredness of !other #arth4
ecological unity and the interdependence of all species4 and the
right to be free from ecological destruction.
$. #nvironmental ustice demands that public policy be based on
mutual respect and justice for all peoples4 free from any form of
discrimination or bias.
&. #nvironmental ustice mandates the right to ethical4 balanced and
responsible uses of land and renewable resources in the interest of
a sustainable planet for humans and other living things.
+. #nvironmental ustice calls for universal protection from nuclear
testing4 extraction4 production and disposal of toxicHha@ardous
wastes and poisons and nuclear testing that threaten the
fundamental right to clean air4 land4 water4 and food.
-. #nvironmental ustice affirms the fundamental right to political4
economic4 cultural and environmental self?determination of all
peoples.
/. #nvironmental ustice demands the cessation of the production of
all toxins4 ha@ardous wastes4 and radioactive materials4 and that all
past and current producers be held strictly accountable to the
people for detoxification and the containment at the point of
production.
&7
. upra note &F., pp.$?&
%age &$ of &7
F. #nvironmental ustice demands the right to participate as e8ual
partners at every level of decision?making4 including needs
assessment4 planning4 implementation4 enforcement and evaluation.
7. #nvironmental ustice affirms the right of all workers to a safe and
healthy work environment without being forced to choose between
an unsafe livelihood and unemployment. It also affirms the right of
those who work at home to be free from environmental ha@ards.
E. #nvironmental ustice protects the right of victims of
environmental injustice to receive full compensation and
reparations for damages as well as 8uality health care.
1D. #nvironmental ustice considers governmental acts of
environmental injustice a violation of international law4 the
5niversal .eclaration An ,uman 'ights4 and the 5nited Bations
Convention on Genocide.
11. #nvironmental ustice must recogni@e a special legal and natural
relationship of Bative %eoples to the 5.). government through
treaties4 agreements4 compacts and covenants affirming sovereignty
and self?determination.
1$. #nvironmental ustice affirms the need for urban and rural
ecological policies to clean up and rebuild our cities and rural areas
in balance with nature4 honoring the cultural integrity of all our
communities4 and provided fair access for all to the full range of
resources.
1&. #nvironmental ustice calls for the strict enforcement of principles
of informed consent4 and a halt to the testing of experimental
reproductive and medical procedures and vaccinations on people of
color.
%age && of &7
1+. #nvironmental ustice opposes the destructive operations of multi?
national corporations.
1-. #nvironmental ustice opposes military occupation4 repression and
exploitation of lands4 peoples and cultures4 and other life forms.
1/. #nvironmental ustice calls for the education of present and future
generations which emphasi@es social and environmental issues4
based on our experience and an appreciation of our diverse cultural
perspectives.
1F. #nvironmental ustice re8uires that we4 as individuals4 make
personal and consumer choices to consume as little of !other
#arth=s resources and to produce as little waste as possible> and
make the conscious decision to challenge and reprioriti@e our
lifestyles to ensure the health of the natural world for present and
future generations.
Ch$al Ma'' Di'a'!er and En(ir$nmen!al Ju'!i%e
%rofessor .!. 1lier in his book4 The #n'ironmentalism of the
!oor4 has also discussed the issues relating to 0hopal disaster as part of
the ongoing movement for environmental justice
&E
. The 0hopal tragedy
put many issues on the table. These are trends in the environmental
indicators of unsustainability> there are also surprises in the relation
between economy and environment. The 0hopal raises 8uestions: :hat
are the values of human lives and in which metrics should they be
expressed; The 0hopal mass disaster links the environmental justice with
the value of human lives.
&E
ee4 discussion under the head 91 %roclaimed 1bsconder<4 .!. 1lier4 ($DD-*4 op.
cit. pp. $+/ ?$-1.
%age &+ of &7
The 0hopal disaster provides opportunity to understand few
important aspects of justice such as : 1ccess to justice4 .istributive
ustice and #nvironmental ustice.
0hopal disaster carries special meaning for India. It has been
proved a turning point for India=s environmental law and policy. In fact
the history of Indian environmental law and policy may be divided into
pre and post 0hopal period. The 0hopal disaster was the second most
important factor after the )tockholm Conference which has influenced
environmental law and policy in India. 1nalysis of pre 0hopal scenario
suggests that the 0hopal was bound to happen and law and administration
were not prepared to face challenges of 0hopal. The human conse8uences
of 0hopal disaster shook the Indian policy makers. It was reali@ed that
despite the existence of -D pieces of legislation &D of them on pollution
alone Q the country was not safe from environmental disasters.
+D
1fter
0hopal4 India found herself unprepared and tragic experiences of 0hopal
brought a new activism on part of executive4 legislature and judiciary.
This post 0hopal activism resulted into creation of a full fledged !inistry
of #nvironment and "orests (!o#"* in anuary 1E7-4 at the federal level
manned by a senior minister with the rank of cabinet minister. In order to
regulate ha@ardous industries and chemicals4 an umbrella legislation
having sweeping powers4 known as the #nvironment (%rotection* 1ct4
1E7/ was enacted. 1fter 0hopal the Indian government also framed two
comprehensive environment policies namely !olicy tatement for
Abatement of !ollution ("eb. 1EE$* and 5ational Conser'ation trategy
and !olicy tatement on #n'ironment and "e'elopment (une 1EE$*. The
+D
. A.%. .wivedi4 India/s #n'ironmental !olicies, !rogrammes and te1ardship
(3ondon4 !acmillan %ress 3td4 1EEF* p. 7E. This work of %rofessor .wivedi has
been one of the most important analysis of India=s political4 economic and legal
policies and programmes relating to environment.
%age &- of &7
Indian judiciary led by the )upreme Court of India also started new era
of environmental justice.
The judicial handling of 0hopal litigation. 3egal issues of the
0hopal have been as complex as the 0hopal crisis itself. The discipline of
law itself has been considered as technical4 difficult and complex. 0ut
complexity of the 0hopal legal issues constitutes a class in itself. 0hopal
legal issues relate4 firstly4 to Indian and 5.). legal regimes and secondly4
to international law. !any branches of law add their complexity in
0hopal. The legal mystery of 0hopal can not be understood unless we
understand various dimensions of the issues such as :
%roblem of regulating the multinational corporations (!BCs*
under national and international law.
%roblem of proper judicial forum and application of doctrine of
forum non con'eniens by the 5.). Courts.
'egulation of ha@ardous industries4 chemicals and wastes.
%roblem to provide compensatory justice in a mass tort suit like
0hopal.
Constitutional validity of a legislation which makes Central
Government parens patriae of the victims totally excluding victims
to participate in their own case.
Constitutional validity of a settlement arrived between accused
!BC and Indian government without proper representation of the
victims.
%age &/ of &7
%roblems of a third world court to decide a complex mass tort suit
like 0hopal having no precedent on many legal issues relating to
liability and compensation.
General professional incapacities on part of the judges4 lawyers and
other stake?holders of 0hopal litigation.
%roblem of delay both in civil and criminal litigations which
resulted very delayed compensation and other relief to the victims.
%roblem of enforcement of a decree against a !BC of a super
power country like 5.). issued by a third world court of India.
%roblem of extradition of Chief #xecutive Afficer of a !BC from
5.). to India.
3egal aspects relating to distribution of settlement amount among
the five lakhs claimers.
3egal issues relating to medical treatment of the victims and its
administrations.
3egal issues relating to post disaster toxic contamination of
Carbide=s factory site at 0hopal which re8uired clean?up operation
and compensating the victims of contamination.
There was problem to access to environmental justice in 0hopal
litigation. 6ictims= main problem was to search proper judicial forum.
This search led the victims to knock the door of the 5.). courts which
refused to entertain the victims= suit by applying the doctrine of forum
non con'eniens. This doctrine has potential to deny environmental justice
to the victims of 0hopal and similarly situated other victims in their
struggle against multinationals of the first world. The problem of access
%age &F of &7
to environmental justice also relates to doctrine of parens patriae which
was used by the central government in India. The second problem of
access to environmental justice relates to violation of natural justice.
The goal of criminal justice is achieved through criminal liability
litigation. The 0hopal disaster litigation has also raised the issues relating
to administration of justice in general and corporate crimes in particular.
The inade8uacy of the administration of criminal justice has not been able
to ensure corporate accountability in India. The criminal liability aspect
of 0hopal litigation has also demonstrated that the present international
law is also inade8uate and the Isoft= law norms have not only failed to
prevent corporate crimes but also have not been able to provide criminal
justice to the victims.
The principles of strict and absolute liability have generated
controversy during entire 0hopal litigation. The compensatory justice is
one of the important aspects of the justice. The objective of the civil
litigation is to provide compensatory justice to the victims. The search for
compensatory justice compelled the Government of India to knock the
doors of the 5.). Courts. 1n ade8uate judicial forum is sine >ua non to
achieve the goal of compensatory justice. 1t the )upreme Court level
there have been attempts to provide compensatory justice. The )upreme
Court approved and justified the 0hopal settlement to secure the
9immediate relief< to the victims. The 0hopal settlement order has been
proved as one of the most controversial and much critici@ed judicial
exercise. The )upreme Court in its Re'ie1 judgment conceded the
inade8uacy of the settlement exercise. Conse8uently it ordered for
medical group insurance for the future contingencies. The Court4 on
humanitarian ground4 asked the 5CC to construct a hospital for
speciali@ed treatment of the 0hopal victims.
%age &7 of &7
The problem of delay has played a decisive role in 0hopal disaster
litigation and it not only defeated the environmental justice but
practically killed it. .uring litigation the delay factor was used as trump
card by the 5CC. It filed large number of interlocutory applications and
filed appeals4 revisions4 and review petitions against the judicial orders
and maximi@ed the potential of delay.
The long history of complex 0hopal disaster litigation has exposed
the Iincapacity= of national and international legal order to provide
environmental justice to the victims of a manQmade industrial disaster.
:e may conclude this discussion by saying that the concept of
environmental justice should find recognition and acceptance both at
national and international levels and should be used to force the economy
into ecological adjustment and social justice.