National Journal of Environmental Law

Judicial Interpretation of Section 89 of the Code of Civil Procedure: Success or Failure?

Malobika Bose — 2026-03-15

The introduction of Section 89 of the Code of Civil Procedure, 1908 (CPC) under the Amendment Act of 1999, and its implementation in 2002, was among the most ambitious legislative interventions in Indian civil procedure law to institutionalize the ADR mechanisms within the judicial framework. An attempt to ease congestion in an overburdened court system and provide litigants with quicker access to remedy, the provision mandates referral for mediation, arbitration, conciliation, or Lok Adalat where there exists a possibility of settlement. But more than two decades on, the provision continues to be one of the most controversial, judicially rewritten and operationally inconsistent sections in the Code. The paper critically discusses the legislative purpose of Section 89, its judicial reading as determined in leading jurisprudence, the challenge in practice, and how and whether the provision has achieved the purposes it was established to accomplish. As seen through the analysis of the case law, committee reports, and empirical trends of ADR referrals in practice, this article contends that, as currently perceived and implemented, Section 89 embodies only a partial institutional success, its judicial interpretation has been insufficient, and the
provision is a critical procedural failure — which should be rectified urgently (that is, it calls for immediate legislative action and not ad hoc judicial manoeuvre).

Environmental Law: Balancing growth and sustainability

V. Basil Hans — 2026-05-03

Environmental policy is crucial for balancing environmental protection and economic prosperity. Pollution, resource depletion, and climate change make it harder for countries to develop sustainably as they grow their economies and build infrastructure. This article examines the concepts, frameworks, and success of environmental law in balancing environmental protection and development goals. It examines regulatory legislation, international agreements, and judicial interventions that limit environmental damage while allowing the economy to grow. The report also emphasises sustainable development. The essay emphasises the need to include environmental concerns in policy-making and governance and addresses issues like inadequate institutions, a lack of public knowledge, and economic-environmental conflicts when enforcing environmental laws. It stresses the need to improve legal systems, hold people accountable, and get people involved in their communities through critical examination. Strong environmental legislation is essential for protecting natural ecosystems, economic stability, and social welfare. This world's long-term progress requires a balanced approach, strong legal systems, and government cooperation.

State Responsibility and Climate Change: Interpreting the ICJ Advisory Opinion

Ayushi Upadhyay — 2026-06-21

The intersection of state accountability and climate change is one of the most notable and important aspects of current international law. The International Court of Justice has given us an advisory opinion on the obligations of states concerning climate change, and it is most definitely a major milestone on the intersection of the two fields. This chapter identifies what the opinion means for international state responsibility, and addresses how the Court’s reasoning influences the existing structures of wrongful acts, due diligence, and reparations, and how they apply to climate change caused by human activity.

This chapter has divided the subject at hand into three components. The first is a description of how the Court sees climate change obligations when it comes to treaties, especially the UNFCCC and Paris Agreement, as well as some rudimentary components of international law, especially the no harm rule, and the duty to avert transboundary environmental harm. The second considers the challenges of attribution, especially on the diffuse, cumulative, and causality of climate change, and seeks to determine if the traditional rules of attribution in the ILC Articles on State Responsibility in the face of climate change. The last section deals with the international wrongful acts and climate change, especially the potential, and to an extent, the inevitability of cessation and non-repetition, and full reparation for the small island developing states, as well as other communities that are disproportionately affected by the variation climate change brings.

This chapter contends that although the advisory opinion contributes to normative clarity, when it comes to the State responsibility doctrine, there are still considerable gaps that do not address the potential remedies for the climate vulnerable. Closing these gaps will call for creative judicial activism, as well as additional multilateral measures that fall outside the boundaries of the advisory opinion.

Enhancing Environmental Protection through Ecocide Recognition: Aligning International Criminal Law with SDG 15

Swarnima Gorani — 2026-01-13

The proposal to recognise ecocide as a fifth international crime, prosecutable by the International Criminal Court, represents a paradigmatic shift in environmental governance and international criminal jurisprudence. This article critically examines the multifaceted impediments to institutionalising ecocide prosecution, focusing on epistemological challenges in defining environmental harm and jurisdictional constraints inherent in the Rome Statute framework. Through an analysis of doctrinal evolution, comparative criminological frameworks, and geopolitical dynamics, this study argues that while ecocide criminalisation possesses normative legitimacy, its operationalisation confronts substantive legal, evidentiary, and political obstacles that necessitate a fundamental reconceptualisation of the architecture of international criminal law.

Revisiting the Disaster Management Framework in India: The Need for Legal Reforms

Swarnima Gorani — 2026-05-01

India's geographic and climatic diversity renders it one of the most disaster-prone countries in the world, vulnerable to a wide spectrum of natural and human-induced hazards including earthquakes, cyclones, floods, droughts, landslides, and industrial accidents. The Disaster Management Act, 2005 (DMA) represents India's primary legislative framework for disaster management, establishing institutional structures, delineating responsibilities, and providing for the preparation, response, and recovery phases of disaster management. However, the experience of nearly two decades of implementation, culminating in the unprecedented challenges posed by the COVID-19 pandemic, the Uttarakhand glacier disaster of 2021, and recurring floods across multiple states, has revealed significant deficiencies in the existing legal framework. This article critically examines the disaster management framework in India, evaluating the adequacy of the DMA and related legislation in addressing the evolving nature of disaster risks, the challenges of coordination among multiple levels of government, the integration of climate change adaptation into disaster risk reduction, and the protection of the rights of disaster-affected populations. Through a comparative analysis of international best practices and an assessment of India's institutional and legal architecture, this paper argues that comprehensive legal reforms are necessary to strengthen India's disaster preparedness, response capacity, and resilience in the face of escalating climate-related risks. The article concludes with specific recommendations for legislative reform, institutional restructuring, and the integration of a rights-based approach to disaster management.

FROM DISPOSABILITY TO DURABILITY: STRENGTHENING CONSUMER RIGHTS TO COMBAT E-WASTE

Riddhi Chodhury — 2026-05-31

The rapid growth in the international level of electronic waste seems to touch about 82 million tonnes by 2030, which needs immediate and structural transitions towards repair - based economies. This article focuses on how Right to Repair (RtR) laws extricates consumers, abundantly lowering the e-waste usage levels, and promotes circularity. We compare India's emerging RtR model to top international paradigms, including the EU's trailblazing Eco-design Directive and the US Fair Repair Act, showcases critical challenges including planned obsolescence, predominance of unorganized recycling segments, and disputes and problems faced over intellectual property rights. Mandatory repairability regulations, holistic consumer education programs, and tackling e-waste equity concerns globally form the core of our policy prescriptions.There is an increasingly growing e-waste which poses a major threat to humanity and urges an immediate transition, from one of disposability to one that values the durability and repairability of any product. The essay elaborates on the need to improve 'Right to Repair' consumer rights in order to lessen the environmental and economic burdens of e-waste. The essay examines India's law in comparative global practice while continuing to argue that empowering consumers with a
right to repair it fosters sustainability via a circular economy.

#AnimalLivesMatter? The controversial case for legal personhood for animals

Judith M — 2026-03-29

The word ‘slavery’ is an emotive and controversial word which reminds us of the darkest side of human nature. Morally, society as a whole would agree that enslaving the non-consensual should remain unlawful. Animal rights activists have argued the definition of the non- consensual should be extended to non-human animals and in order to offer non-human animals the best legal protection, they should be given the status of ‘legal personhood’. This essay examines the legal journey and current status of non-human animals in English and European courts and whether the courts are ready to give non-human animals the status of legal personhood. As a secondary issue, this essay will also scrutinize society’s readiness to give non-human animals the status of legal personhood most evidently why people of colour, who would empathise with the horrors of enslavement more than anybody else, are not at the forefront of stopping the enslavement of nonhuman animals – and what animal rights activists would need to do to sway society’s mind.

Legal Frameworks Governing Space Technology for Wildlife Conservation and Biodiversity Protection

Shikha Bhardwaj — 2026-05-05

The swift proliferation of space-based technologies has repositioned outer space from a sphere of exclusive scientific inquiry to vital infrastructure underpinning terrestrial governance. One of its most significant, yet insufficiently examined, applications entails the deployment of satellite remote sensing and space-generated data for wildlife conservation and biodiversity safeguarding. Confronted with existential threats to terrestrial ecosystems—including climate change, habitat fragmentation, illicit trafficking, and anthropogenic incursion—space technologies have become essential for surveilling ecological transformations, tracing faunal displacements, and facilitating conservation enforcement. Nonetheless, this technological paradigm shift precipitates multifaceted legal quandaries situated at the confluence of international space law, environmental jurisprudence, and national regulatory apparatuses. This paper systematically analyzes the extant legal frameworks governing the utilization of space technology for wildlife conservation and biodiversity protection, identifying critical gaps and proposing normative refinements necessary for effective and equitable application. It evaluates how current international space law, designed for a nascent space age, grapples with the dual-use nature of satellite technologies that can both advance conservation efforts and introduce novel environmental externalities, such as light pollution impacting wildlife and astronomical observations (Yavuz, 2024). This study scrutinizes the governance of space technologies for wildlife conservation under prevailing legal frameworks, particularly assessing the adequacy of international space law in accommodating terrestrial environmental objectives. Seminal agreements—including the 1967 Outer Space Treaty, the Principles Relating to Remote Sensing of the Earth from Outer Space, and the Liability Convention—articulate overarching principles of peaceful utilization, state accountability, and international collaboration. Nevertheless, these instruments, predating modern conservation priorities, furnish only rudimentary orientation on pivotal concerns such as data stewardship, sovereignty over ecological intelligence, private sector engagement, and protections for indigenous and local communities subject to satellite surveillance. Moreover, the evolving landscape of Space 4.0, characterized by increasingly complex satellite mega-constellations and commercial ventures, introduces further legal uncertainties regarding orbital debris, frequency allocation, and the equitable distribution of environmental data benefits (Bohlmann & Petrovici, 2019). Employing a doctrinal and comparative legal methodology, this study examines the manner in which prominent spacefaring nations have implemented these international principles via domestic and regional legal frameworks. It assesses the United States' open data policies under NASA and NOAA, alongside the European Union's Copernicus Programme and Sentinel missions overseen by the European Space Agency, elucidating the legal provisions that facilitate satellite data utilisation for biodiversity monitoring, climate evaluation, and measures against illegal logging, poaching, and habitat destruction. Empirical case studies—such as tracking elephant migrations across Africa, monitoring Amazonian deforestation, and detecting Emperor Penguin colonies in Antarctica—illustrate the substantive conservation benefits derived from space-based observational systems. However, the efficacy of these technologies is often contingent upon robust regulatory frameworks that address data accessibility, privacy concerns, and potential dual-use implications (Sauls et al., 2023) This necessitates an in-depth examination of the international and national legal instruments that govern Earth observation data, particularly those delineated within the UN Principles on Remote Sensing (Langston, 2011). The paper additionally investigates emerging legal challenges, encompassing issues of state sovereignty, data ownership, ethical surveillance practices, and the incorporation of space-derived data into national conservation enforcement mechanisms. It contends that, although space technologies markedly augment conservation capacities, their oversight remains fragmented across disparate legal regimes, thereby engendering normative gaps that threaten both environmental protection and international cooperation. This fragmentation is particularly evident in the context of mega-constellations, where the increasing risks of orbital collision and space debris pose significant threats to the long-term sustainability of space activities, despite their potential for environmental monitoring (Abbas, 2025; (Chulalongkorn) et al., 2021). In conclusion, this study champions a unified legal framework that integrates international space law with biodiversity management regimes. It recommends harmonizing space law instruments with pivotal environmental accords, including the Convention on Biological Diversity, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, and the Sustainable Development Goals—particularly Target 15 on Life on Land. By reframing space technologies as a communal instrument of ecological stewardship, the paper advances the discourse on the sustainable and accountable exploitation of outer space to protect terrestrial biodiversity. This proposed framework aims to address algorithmic biases, disparate data access, and the integration of community-driven monitoring, which are crucial for effective environmental governance and achieving global sustainability goals (Zhidebayeva et al., 2025). Furthermore, this necessitates a critical examination of how artificial intelligence techniques, increasingly integrated with satellite data for environmental protection, can be ethically and legally governed to prevent misuse and ensure data privacy (Al-Hammouri et al., 2024; Layode et al., 2024)

ETHICAL OBLIGATIONS OF ADVOCATES AND THE ADMINISTRATION OF JUSTICE: AN ANALYSIS OF LAW AND PRACTICE IN INDIA

Anjali Thanvi — 2023-06-21

Legal profession is a noble profession which not only upholds the rule of law in society but also plays a crucial role in facilitating justice thus promoting sustainable development goal. The integrity of the legal profession is the fundamental requirement for a just society which enables social and economic development of a nation. This integrity in the profession is ensured by robust ethical standards. Advocates, as officers of the court, are bound by ethical obligations that extend beyond client representation to include duties toward courts, the profession, third parties and society. This paper presents a doctrinal and analytical study of the professional ethics of advocates, with primary reference to the Advocates Act, 1961 and the Bar Council of India Rules, supplemented by judicial interpretations.

The study critically examines the growing dissonance between practical enforcement of these ethical standards in contemporary legal practice and their codified versions. It identifies key challenges such as marketability of advocacy, conflicts of interest especially in digital era and social media along with the increasing systemic weaknesses in disciplinary control mechanisms. Through an analysis of selected judicial pronouncements and disciplinary proceedings, the paper evaluates the effectiveness of existing regulatory frameworks governing the conduct of advocates.

The findings of this paper indicate that the persistence of ethical violations is closely linked to inadequate enforcement, procedural delays in disciplinary actions, and limited emphasis on ethical training. The paper argues that strengthening professional ethics requires a multi-dimensional approach encompassing regulatory reform, continuous professional education, and enhanced institutional accountability. The study concludes that reinforcing ethical compliance among advocates is essential for restoring public trust in the judicial process and legal profession for ensuring effective administration of justice.

WATER RIGHTS, SCARCITY AND TRANSBOUNDARY LAWS AND REGULATIONS

Aaisha Hasan — 2026-02-12

India, which accounts for 18% of the global population but possesses only 4% of the world’s freshwater resources, faces increasing water stress in 2025. “Per capita water availability has dipped below 1,500 cubic meters, and 163 million individuals lack access to safe drinking water, exacerbating health risks, food insecurity, and social unrest.” This paper explores how water
rights have evolved from ancient communal views to constitutional guarantees under Article 21, yet enforcement lags amid market-driven policies and pollution.
It examines transboundary tensions over rivers like the Indus and Ganges, where bilateral treaties promote equity but falter against climate change, dams, and disputes—such as India's 2025 Indus suspension amid Pakistan's threats. Drawing on literature, history, and current dynamics, the study highlights gaps in fragmented governance and unequal access, disproportionately hitting women, farmers, and marginalized groups. Recommendations urge a human rights-based approach: ratify global conventions, form river basin authorities, ensure free basic access, and foster regional cooperation. Recognizing water as a shared heritage may help bridge disparities, enhance resilience, and support equitable access for future
generations.

The Unregulated Frontier: A Legal Analysis of the Environmental Impacts of Artisanal and Small-Scale Mining (Asm) In Eastern Cameroon and the Inadequacy of the 2023 Mining Code

Nah Anthony Tetinwe — 2026-05-01

The dense forests and mineral-rich river systems of Eastern Cameroon are experiencing an environmental crisis driven by the largely unregulated expansion of Artisanal and Small-Scale Mining (ASM). While ASM provides a critical livelihood for hundreds of thousands, its operational practices characterized by mercury amalgamation, deforestation, and river siltation pose a severe threat to ecosystems and human health. This paper argues that Cameroon's 2023 Mining Code, despite its intent to modernize the sector, remains inadequate in addressing the root causes of environmental degradation. Through an analysis of the Code's provisions on formalization, environmental management, and enforcement, this paper concludes that the legal framework fails to provide a coherent, practical, and sufficiently robust mechanism to mitigate the environmental externalities of ASM, thereby perpetuating a state of ecological and social vulnerability.

FROM PUNISHMENT TO PLANTATION: REIMAGINING ENVIRONMENTAL JUSTICE THROUGH COMMUNITY-BASED GREEN SENTENCING IN INDIA

Tripti Yonzon — 2026-05-31

Green sentencing is an emerging concept that has emerged as a viable and transformative alternative within the Indian legal landscape. The central argument of this chapter is that community-based green punishment, particularly through mandatory
plantation drives, offers a promising pathway to reimagine environmental justice in India. This chapter will critically analyse the legal feasibility, ethical considerations, and practical challenges of institutionalising such a model in India, drawing insights from comparative international experiences and landmark judicial pronouncements. The proposed model envisions a structured process where individuals convicted of environmental offences, particularly those involving damage to natural resources, are mandated to participate in specific environmental restoration activities, thereby fostering accountability, rehabilitation,
and community empowerment. The paper will also provide a comparative analysis of judicial innovations in environmental punishment from different jurisdictions, focusing on the potential efficacy, symbolic versus transformative nature, the comparative effectiveness of restorative ecological justice, and the possibility of its institutionalisation.

Environmental Law Finding a balance between growth and sustainability

V. Basil Hans — 2026-04-07

Environmental legislation is very important for finding a balance between protecting the environment and promoting economic growth. As countries work to grow their economies and build more infrastructure, the environmental problems that come with it, such pollution, resource depletion, and climate change, make it harder to develop in a way that is good for the long term. This article looks at the concepts, frameworks, and success of environmental law in finding a balance between protecting the environment and reaching development goals.
It looks at important legal tools, such as regulatory legislation, international agreements, and judicial interventions, that try to stop environmental damage while still letting the economy grow. The paper also talks about the idea of sustainable development as a guiding principle. It stresses the necessity to include environmental concerns in policy-making and governance.
The essay also looks at the problems that come up when trying to enforce and carry out environmental legislation, such as inadequate institutions, a lack of public knowledge, and conflicts between economic and environmental goals. It stresses the need to improve legal systems, hold people accountable, and get people involved in their communities through
critical examination.
The paper contends that robust environmental legislation is crucial for safeguarding natural ecosystems, as well as for securing enduring economic stability and social welfare. A balanced approach, backed by strong legal systems and working together in government, is the key to long-term progress in today's world.

THE MYTH OF GENDER EQUALITY IN ENVIRONMENTAL GOVERNANCE: CHALLENGES FACED BY MEN IN INDIA

PRIYA ROY — 2026-05-24

The discussion surrounding gender equality in India has historically centered on the disadvantages and systemic exclusion that women have faced. Although these issues continue to be important, the growing complexity of governance systems necessitates a more comprehensive and inclusive perspective on equality. This article delves into the idea of "The Myth of Gender Equality in Environmental Governance" by investigating the frequently neglected challenges that men face within
India’s environmental legal and policy framework. It contends that achieving gender equality in governance cannot be realized through unilateral narratives that overlook the vulnerabilities, responsibilities, and institutional disadvantages that men encounter in specific contexts. Environmental governance in India involves the oversight of forests, land acquisition, climate change adaptation, disaster recovery, pollution management, and access to natural resources. In various sectors, men particularly those from rural, tribal, and economically marginalized communities bear unequal burdens, which include hazardous work conditions, displacement from their lands, health hazards associated with their occupations, and insufficient acknowledgment in welfare initiatives that are predominantly structured around gender biases. Male laborers in industries such as mining, sanitation, fisheries, agriculture, and waste management often face considerable environmental dangers with limited legal safeguards or social acknowledgment. The article further assesses whether existing environmental policies truly reflect the tenets of substantive equality or merely perpetuate selective justice practices. It emphasizes that genuine gender equality must consider all impacted groups instead of prioritizing one category over another. From the perspective of constitutional
principles, environmental justice theory, and policy analysis, the research advocates for governance model that harmonizes the empowerment of women with the environmental challenges faced by men. The paper concludes that inclusive environmental governance in India requires strategies that are gender-neutral, evidence-based, and socially responsive.

Climate Litigation Post-M.K. Ranjitsinh 2024: Right to be free from climate change impacts as part of Article 21

Varnika — 2026-06-21

The landmark decision of the Supreme Court of India in M.K. Ranjitsinh v. Union of India (2024) introduced a paradigm shift in Indian environmental jurisprudence that shifted climate policy from the discretion of the Executive to the realm of human rights, thereby rendering it enforceable through the legal framework. This "right to be free from the adverse effect of climate change" is an independent constitutional right that is clearly established by the Ranjitsinh verdict. The Indian courts have hitherto interpreted the "right to the environment" as part of the Right to Life guaranteed by Article 21. This article looks at the evolution of climate litigation in India since 2024 to better gauge the scope of judicial review in climate cases involving the use of environmental clearance and carbon governance. The Supreme Court has indeed provided them with a vital legal instrument to counter the huge socio-economic vulnerability faced by them with the concept of Climate Resilience under Articles 21 (Right to Life) and 14 (Right to Equality). The decision of this court however does bring a juxtaposition – the difficulty in balancing the localised focus on biodiversity conservation, such as the conservation of the critically endangered Great Indian Bustard, with a push for renewables, such as building solar infrastructure. This paper explores whether a comprehensive Climate Change Act has been absent, how the judiciary has been filling this gap; a doctrinal approach and an analysis of newly developed post-2024 cases is used. It examines its implication(s) for inter-generational equality, statutory carbon budgeting, and state accountability. So, the paper concludes that while the concept of climate constitutionalism is new, it awaits the establishment of stringent requirements of demonstration of climate injustice and the establishment of robust institutionalised administrative structures to safeguard 'climate justice' in reality.