Challenges Faced by Environmental Activists and the Need for Judicial Intervention

Introduction

A society functions on multiple fronts. Sectors such as agriculture, healthcare, education, and women’s empowerment receive easy public and governmental support because they provide immediate benefits. However, environmental protection does not yield instant results; therefore, those working in this field often face opposition and neglect.

Environmental protection lies at the core of Sustainable Development. It is a duty aligned with the fundamental objectives of the Indian Constitution.

1️⃣ Constitutional Basis

🔹 Article 48A – The State shall protect and improve the environment.
🔹 Article 51A(g) – It is the fundamental duty of every citizen to protect nature.
🔹 Article 21 – Right to Life → Expanded through judicial interpretation to include the “Right to live in a clean and healthy environment”.

Thus, environmental protection is not optional; it is a legal responsibility.

2️⃣ Social Apathy Due to Lack of Immediate Benefits

Activities like tree planting provide long-term benefits. However, people often prefer immediate gains (medical camps, food distribution, etc.).

Impacts such as climate change, water scarcity, and landslides emerge gradually.

As a result:
✔ People hesitate to file complaints.
✔ Authorities delay taking action.

3️⃣ Need for Legal Action – Public Interest Litigations (PIL)

Environmental violations are often addressed before the High Courts / Supreme Court through Public Interest Litigation (PIL).

Key Legislations:
✔ Environment Protection Act, 1986
✔ Forest Conservation Act, 1980
✔ Wildlife Protection Act, 1972
✔ Water Act, 1974
✔ Air Act, 1981

Judicial Principles:
✔ Polluter Pays Principle
✔ Precautionary Principle
✔ Public Trust Doctrine

4️⃣ Administrative Barriers

Challenges faced by environmental activists:
✔ No action even after filing complaints
✔ Delay in obtaining information through RTI Act, 2005
✔ Difficulty in accessing old government orders and land records
✔ Prolonged court procedures (2–3 years)

In many cases, by the time judgment is delivered, environmental damage is already done.
This reflects administrative inefficiency.

5️⃣ Women Environmental Activists – A Gender Perspective

🔹 Safety concerns
🔹 Family responsibilities
🔹 Need for field mobility
🔹 Social pressure

As a result, women’s participation remains limited.
This is linked to Women Empowerment, Gender Justice, SDG 5, and SDG 13.

6️⃣ Sustainable Development – Responsibility to Future Generations

“The Earth is not inherited from our ancestors; it is borrowed from future generations” → The principle of Intergenerational Equity.

This is connected to the Rio Declaration (1992), Sustainable Development Goals (2015), and the Paris Agreement (2015).

Conclusion / Way Forward

Environmental protection is not solely the responsibility of individual activists.

✔ Public awareness
✔ Environmental education
✔ Swift administrative action
✔ Strengthening the Green Tribunal (NGT)
✔ Community participation
✔ Greater participation of women

Only when we recognize and act upon the fundamental duty under Article 51A(g) will the burden on environmental activists be reduced.