The word environment is a broad spectrum which brings within its hue hygienic atmosphere and ecological balance. Saving this planet Earth is now of utmost concern to the entire humanity. The world is witnessing a global crisis of environmental degradation. The future of the earth is entirely linked with the sustainable development that may take place in the various countries, both developed and developing. They have to adopt a visionary approach in consonance with the needs of the man and the earth. There is human threat to air, water and land. India had been under the colonial rule for about two centuries and even prior to that there were minor kingdoms which did not pay attention to any sort of environmental concerns. After the independence the primary concern of the administrators was to eradicate poverty. Millions of people were below the poverty line and the literacy rate was also very poor. The population growth was at alarmingly high rate. All these factors contributed to serious environmental degradation and the persons who were mostly affected by this environmental degradation were the poor and the disadvantage sections of the society. They were the first victims of the poor sanitation, bad air, contaminated water, scarce food, fuel and fodder. For millions of Indians their only wealth and common property resources were threatened by environmental degradation Role of Environmental activists
Activism consists of intentional efforts to bring about social, political, economic, or environmental change. The role that these activists play is to try to persuade people to change their behaviour directly, rather than to persuade governments to change laws. In India , the role of activist in shaping the environment law either with respect to the liability of the employer has been very vital 1.2 CENTRAL QUESTION INVOLVED:
Whether the role of judiciary towards environmental matter is positive or not? 1.3 HYPOTHESIS
According to the researcher judiciary has performed a pro-active in dealing with the matter concerning environment.
1.4 RESEARCH METHODOLOGY:
The topic of this project is the researchers have used the doctrinal method of research. The researchers have made use of secondary data only. The data so obtained has been used appropriately and effectively. The net has been the primary source of secondary data besides books. The NLU Delhi law library has been used for the secondary sources.
1.5 RESEARCH PLAN:
a. Aims and Objectives –
Through this project the researcher aims to provide the reader with a detailed overview of the topic. The researcher has carefully scrutinized the above and given a brief study on the same. b. Scope and Limitations-
Within the scope of this project the researchers will discuss the theme at length along with important cases on the same. Due to paucity of space and time to some extent, the researcher will be unable to include all the factors contributing with respect to environmental activism. c. Chapterisation-
The researchers have divided the project into 3 broad sections: a) Introduction: Brief overview of the topic is given
b) Judicial activism and environment activist
c) Environmental activism in China.
d) Environmental activism in US
e) Conclusion: The researcher’s observation and analysis
JUDICIAL ACTIVISM AND ENVIRONMENTAL ACTIVIST
The most important procedural innovation for environmental jurisprudence has been the relaxation of traditional process of standing in the Court and introducing the concept of Public Interest Litigation (PIL). Until the early 1970s, litigation in India was in its rudimentary form because it was seen as a pursuit for the vindication of private vested interests.
The Court’s approach to entertain PIL for environmental protection, however, is significant in many ways. First, prior to...
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