ICEDEJ 2022| Though Judicial activism endeavours environment protection, PIL should not be used as a tool in present times: Justice BR Gavai

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At the International Conference on Environmental Diversity and Environmental Jurisprudence, 2022 at Chandigarh University, the Supreme Court judge Justice BR Gavai today thrust upon the need for balancing Jurisprudence in Public Interest Litigations (PIL). 

Justice Gavai said, "PIL should not be used as a tool in the present times, even though Judicial activism endeavours environment protection."

Referring to the T.N. Godavarman Thirumulpad v. Union of India (1995) case which led to the creation of a whole new level of jurisprudence and outcome of which witnessed the decline and the closure of numerous timber industries, Justice Gavai said,

"Public Interest Litigation jurisprudence was introduced for knocking doors of courts without being aggrieved on behalf of the “have-nots. Supreme Court of India played a pivotal role in upholding rights of persons from marginalized sections."

Justice Gavai further referred to the Indian Parliament's active decision in bringing laws that ensure liability and compensation for the victims of pollution. National Green Tribunal  Act 2010 was enacted by the Indian Parliament under which National Green Tribunal came to be established...I am happy to state that NGT has played a pivotal role in addressing environmental concerns, with the “polluter pays” principle in the docket, he said. 

Furthermore, Justice Gavai emphasized the need of maintaining bio-diversity and controlling greenhouse gases emission. He pointed out that Indian Parliament has also enacted the Biological Diversity Act, 2002 for the preservation of biological diversity in India. 

The two-day conference is being organized to emphasize on understanding and analyzing the potentials and threats faced by bio-diversity and to attain environmental Justice through sound regulatory mechanisms. This year's theme takes on the sustainable use of bio-diversity to assist Nation's growth while maintaining eco-system wellness and environmental Justice.

The conference also aims to sensitizing youth, professionals, social workers, community members, and people from all walks of life about Environmental Diversity and Environmental Jurisprudence as the need of the hour.

The Vice President of India Venkaiah Naidu is the chief guest at the event. Supreme Court judge Justice Surya Kant also spoke at the event. He emphasized the need for recognizing the interspecies right and privileges for protecting the environment.