Role and Efficacy of the Subordinate Courts Towards Protection of the Environment in India: A Critical Analysis

  • Reetesh Kumar Jena
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  • Reetesh Kumar Jena

    PhD Research Scholar at SOA National Institute of Law, Siksha ‘O’ Anusandhan (Deemed to be University), Bhubaneswar, Odisha, India

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Abstract

The notion of ecological preservation and protection is an age-old phenomenon and a global issue. The advancement of science and technology and human interventions with natural resources pose a threat to the environment. Protection of the environment is of utmost importance for living a healthy life and the all-around development of human beings in the present and the future. Therefore, various international and national organizations, Governments, and the judiciary have adopted the concept of sustainable development to address ecological challenges. Although the legislature has enacted many legislations, the executive has taken numerous steps, and policies have been formulated by the Government towards the protection of the environment, still implementation and compliance with rules and regulations remain critical. At this juncture, the judiciary plays a pivotal role in the protection of the environment. The higher judiciary has propounded many principles and doctrines and issued guidelines while adjudicating environmental issues. However, the far-reaching role of the sub-ordinate courts cannot be overlooked, which has a great impact on the environment at the grassroots level. The efficacy of the subordinate courts in enforcing environmental laws and regulations is yet to be assessed. In this study, the endeavor has been made to analyze the role and the efficacy of the subordinate courts in adjudicating and dealing with environmental issues.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 1, Page 1744 - 1756

DOI: https://doij.org/10.10000/IJLMH.119065

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