Environmental Law Requires Real-Time Decisions
Justice B V Nagarathna described environmental law as “hot law,” explaining that it deals with ongoing risks and evolving scientific knowledge rather than past events. Speaking at a memorial lecture in Ranchi, she said courts must act even when full scientific certainty is unavailable.
Focus on Equity and Vulnerable Communities
The judge stressed that environmental damage affects poorer and marginalised communities more severely. Issues like climate change, pollution, and biodiversity loss create unequal burdens, making fairness and justice central to environmental decisions.
Courts Must Adopt Flexible and Precautionary Approach
Justice Nagarathna noted that environmental law requires flexible, forward-looking principles. Courts should apply doctrines like sustainable development and precaution while balancing science, economics, and social impact. She added that the right to life under Article 21 includes a clean and healthy environment.