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New Delhi, Jun 5 (PTI) Former Supreme Court Judge Abhay S Oka on Thursday said that environmental justice, which was elevated to a higher pedestal by the constitutional courts, included the key aspect 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,” the former judge said in his address at the Society of Indian Law Firms (SILF) Climate Change Conference and Awards 2025.
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He said environmental justice had been elevated to a higher pedestal by the country’s constitutional courts.
“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,” Justice Oka said.
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He continued, “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.”
The former top court judge said environmental justice must be construed as a part of social justice guaranteed under the Constitution.
“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 said.
Justice Oka pointed out environmental concerns were not just for the privileged or elite, but vital for the disadvantaged as well, and affected every human being with a direct nexus with social justice.
“Environmental degradation also has a direct nexus with economic justice and the economy of our country. There are numerous cases proving that environmental degradation affects the economy and livelihoods of many poor people. We all know the concepts of sustainable development, public trust doctrine, polluter pays principle, and precautionary principle, evolved by the courts,” he said.
Someday, he said, one ought to debate the concept of development itself. “Do we necessarily mean construction of huge buildings, roads, and flyovers, or should development mean providing basic amenities to the poor and needy? That is a separate debate altogether.”
He argued unless the notion of development was reconsidered, the evolved concept of sustainable development wouldn’t help.
“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 noted.
Justice Oka pointed out often those who addressed environmental issues in serious way were branded anti-development and accused of obstructing so-called developmental activities.
“That is the greatest tragedy of our society,” he said.
He, therefore, asked, “Those advocating environmental causes rarely received societal support, and in such a case, how could they expect to receive support from the government?”
The former judge said in the famous MC Mehta case which led to several landmark directives for safeguarding the environment, the Supreme Court evolved fundamental principles of environmental justice.
“Have we adequately honoured or remembered him (Mehta, who filed the PIL), especially today, as we celebrate World Environment Day?” he asked.
He also recollected extensively dealing with the issue of noise pollution as a Bombay High Court judge.
“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,” he said.
The former judge added, “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.”
Referring to Article 21 of the Constitution encompassed the right to live with dignity, Justice Oka said, “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.”
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