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Justice Oka highlights the interconnection between environmental justice and social justice at Climate Change Conference
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Former Supreme Court judge Abhay S Oka on Thursday said that environmental justice , as developed by India's constitutional courts, is deeply intertwined with the idea of social justice 'It is my privilege to address this gathering on a very important subject, the environment, which is dear to me. As a judge of the Bombay High Court, Karnataka High Court, and Supreme Court, I was lucky enough to deal with many environmental matters,' Justice Oka said at the Society of Indian Law Firms (SILF) Climate Change Conference and Awards emphasized that environmental issues go beyond preserving nature and have direct consequences on the lives and health of human beings.'When we talk about environmental justice, social justice inevitably comes into the picture. Protection of the environment is not only necessary for preserving natural resources available on planet Earth, but more importantly, it is essential for human beings to lead a healthy, constructive, and meaningful life. If we are not able to preserve our environment and protect it from degradation, we are doing an injustice to society at large,' he gave Delhi's recurring winter air pollution crisis as an example of inequality in environmental access.'That is where social justice comes into the picture. One classic example is Delhi. Every year, from December to February, we are hit by massive air pollution. Most of the people present here today can afford air purifiers at home, but the majority of Delhi's population living in shanties or working on the streets can't afford air purifiers.'Justice Oka stressed that constitutional guarantees of social justice must include environmental protection, citing how pollution affects livelihoods, particularly among vulnerable communities like fishermen.'Take, for example, pollution of our rivers or our seas affects the livelihood of the fishing community. Thus, every environmental issue, every degradation, every destruction of the environment has a direct nexus with social justice guaranteed by the Constitution.'He highlighted that environmental degradation also affects economic justice and the national economy, disproportionately impacting the poor. He reaffirmed the significance of legal doctrines such as sustainable development and the polluter pays principle , developed by courts to safeguard environmental also questioned the country's definition of development: whether it should be limited to infrastructure like highways and flyovers, or be reoriented toward providing essentials to the poor. He warned that the current path would render sustainable development from over four decades of legal experience, he observed that very few citizens engage with environmental concerns seriously, and those who do are often labeled as anti-development.'I have been part of several environmental decisions in the Bombay High Court, Karnataka High Court, and the Supreme Court. What I find from my long experience of 20 years as a lawyer and nearly 22 years as a judge of three constitutional courts is that very few citizens show enthusiasm and courage to take up environmental issues. It is not easy to address environmental concerns, as those who raise these issues rarely get active societal support.'He added that environmental defenders are often misunderstood and vilified for standing against damaging practices.'Those advocating environmental causes rarely received societal support, and in such a case, how could they expect to receive support from the government?'Referring to the landmark MC Mehta case, Justice Oka said the Supreme Court's directions laid the foundation for environmental jurisprudence, but questioned if society has truly honored those who led the charge.'Have we adequately honoured or remembered him (Mehta, who filed the PIL), especially today, as we celebrate World Environment Day?'He also reflected on his past work addressing noise pollution caused by illegal loudspeaker use during festivals.'Noise pollution caused by religious festivals affects human health seriously. Everyone has a constitutional right not to be compelled to hear what they don't wish to, yet illegal use of loudspeakers continues, forcing people to endure unwanted noise. Noise pollution isn't just irritating, it impacts hearing capacity and brain functioning.'Justice Oka concluded with a call for humility and awareness, emphasizing that humanity is a part of nature—not its owner.'We degrade and destroy the environment under the wrong notion that the earth belongs to us, but in fact, we belong to the earth. Some of us are under the wrong notion that the environment belongs to us. In fact, we belong to the environment.'Quoting Article 21 of the Constitution, he reminded that the right to dignity includes the right to live in a clean, pollution-free environment.'If you are living in an atmosphere polluted by air and other forms of pollution, you cannot live with dignity. Protecting the environment, including the manmade and natural environments, is of great concern for human existence.'[Inputs from PTI]
