UNIVERSITY OF PETROLEUM & ENERGY STUDIES

COLLEGE OF LEGAL STUDIES

BA.LLB(HONS.)
SEMESTER 7
ACADEMIC YEAR: 2016-17

SESSION: July-December

Abstract & Synopsis of

Environment Law
(LLBL 431)
On the topic
Environmental Justice: Experience vs Expectations

Under the Supervision of: Dr. Azim B. Pathan

NAME: Ishan Dhengula

SAP ID: 500028514
ROLL NO: R450213047

Environmental Justice : Experience vs Expectations

*Ishan Dhengula1

Abstract
Environmental justice is the social justice expression of environmental ethics. The environmental
justice movement emerged to challenge the unfair distribution of toxic, hazardous and dangerous
waste facilities, which were disproportionately located in low income communities of color. This
movement is a distinct expression of environmentalism, for it works to improve the protection of
human communities and is generally less attentive to wild nature. It is environmental protection
where people live, work and play. Over the two past decades it has expanded its scope from
community-oriented anti-toxics activism to address global scale inequalities in economic
development and environmental degradation.
The idea of environmental justice draws heavily from civil rights, public health and community
organizing efforts and the environmental justice movement reflects this. As a result, this
movement devotes itself to the unfair distribution of environmental risks and resources, and
promotes efforts to prevent pollution from impacting low income communities. It complements
traditional environmentalism's efforts to protect nature by making the poor and marginalized the
object of special concern. More recently this framework has been adapted to evaluate the
extraction and distribution of resources (clean air, food and water).
The paper is basically divided into 6 parts,. The first part deals with the Introduction to the
concept of Environmental Justice. The second part deals with the relationship between
Sustainable Development and Environmental Justice. The fourth part deals the international
actions taken to achieve Environmental Justice and also includes the international principles of
Environmental Justice. The fourth part deals with the various steps taken to enforce the concept
of Environmental Justice i.e. various legislative and constitutional measures, creation of NGT.
The fifth part deals with Indias encounter with the Environmental Justice i.e. various cases on
the topics and the effects of the legislations passed. The last part deals with Conclusion derived
from analyzing the experience and the expectations.

Keywords: Environmental Justice, Expectations, National Green Tribunal

1 Ishan Dhengula, Student BALLB, 7th Semester , Section-A, Sap Id- 500028514, Roll
no. R450213047
2

Synopsis
Statement of the Problem: Why does environmental injustice happen? There are a few
models aimed at explaining environmental injustice, or why some populations are more affected
by development costs than benefits. Some of them focus primarily on the costs and benefits
distribution while others focus on the decision-making process. The study also involves
determining the relationship between environmental justice vis a vis sustainable development
and ecological imperialism.

Rationale of the Study: - Environmental Justice is an evolving concept. The paper focuses on
the debate over the development versus protection and aims to determine the relationship
between environmental justice and ecological imperialism.

Review of Literature:Not many articles are published on this topic but there are few articles/research papers. The same
are listed below:1.Environmental
Justice:
Expectations
vs
Experience
Available at http://www.legalserviceindia.com/articles/ev_ex.htm

by

Karni

Singh.

The author in this paper deals with environmental jurisprudence and the evolving doctrines. The
author deals with various case laws and the constitutional provisions to determine experience and
expectation.
2. Concept of environmental justice by Dr. Shailendra Kumar Gupta . Available at
http://www.bhu.ac.in/lawfaculty/blj2006-072008-09/BLJ_2006/11_Dr.S%20K%20Gupta
%20Concept%20of%20Environmental%20Justice.doc
The present article intends to understand the linkages between the concept of justice and
environmental justice. The author deals with historical perspective and the definitions part and
then discuss the Bhopal Gas Tragedy Case.
3. Environmental Justice in India: The National Green Tribunal and Expert Members by Gitanjali
Nain Gill.
Available at
http://journals.cambridge.org/download.php?file=
%2F1133_71E9F38A07F50A31454A63F33830FFDF_journals__TEL_TEL5_01_S2047102515
000278a.pdf&cover=Y&code=820bcff5a86d87f48a9e7b504bdd5319

This article argues that the involvement of technical experts in decision making promotes better
environmental results while simultaneously recognizing the uncertainty in science. Indias record
as a progressive jurisdiction in environmental matters through its proactive judiciary is
internationally recognized.

Research Questions: - Following are the research questions

What is the meaning of the term Environmental Justice?
Why does the Environmental Injustice happen ?
Who are the most affected person?
What are the various legal steps taken to achieve Environmental Justice ?
What is the legal relationship between environmental justice and sustainable development?
What is the impact of ecological imperialism on environmental justice?

Research Methodology adopted: - I will depend on doctrinal research method for doing the
research on my topic Environmental Justice: Experience vs Expectations. The research will be
based on solely secondary data available over the topic. I will go through all the research papers
that are published over this topic and will also take in account various articles, debates,
guidebooks, statute, and case laws on this topic. After collecting data from all possible sources, I
will critically analyse the data and prepare my own report over the topic

Chapterisation:1. Introduction :- This chapter studies the trivalent concept of Environmental Justice and
the various definitions of the topic
2. History of Environmental Justice :- This chapter takes into account the factors
leading to the growth of Environmental Justice
3. International Action:- This chapter deals with the previous and the current
international action taken to achieve International Justice and also includes the various
principles adopted at the international level.
4. Steps to achieve Environmental Justice :- The various legislative measures such as
various act especially the National Green Tribunal Act, and the various constitutional
provisions to achieve Environmental justice has been dealt under this topic.
5. Effectiveness of the Steps to Achieve Environmental Justice :- The various
case laws and the effectiveness of the legislations passed are dealt under this topic.
6. Conclusion :- The Conclusion will be derived from analyzing the previous two
chapters
4