Environmental Racism And Its Impact On The Life Of Tribals At The Instance Of Environmental Degradation

Author: LawSphereX

Category: Environmental Law

Published: 2026-08-23T19:41:05.008Z

Updated: 2026-08-30T07:10:55.753Z

ENVIRONMENTAL RACISM AND ITS IMPACT ON THE

LIFE OF TRIBALS AT THE INSTANCE OF ENVIRONMENTAL DEGRADATION Praveena. C, Research Scholar, Government Law College, Thrissur, Kerala

ABSTRACT:

‘Environmental racism’ has its legacy on the American racial discrimination. It is embedded in the concept of social inequality. Environmental racism refers to any policy, practice or directive that differentially affects or disadvantages individuals, groups or communities based on race or colour. Globalization has increased the opportunity for environmental racism on an international scale. The tribal’s are the most affected population due to the liberal attitude of the governments towards multinational corporations. The increased industrialization and mining activities in the forest areas leads to the depletion of the natural resources upon which the tribal’s depend for their livelihood. India having 2nd largest tribal population in the world are given special protection in the constitution under 5th & the 6th schedule.

Even if there are numerous legislation which try to uphold the life and dignity of these people there are drawbacks in implementing them. One of the classic examples of environmental racism is the Plachimada case. The location of the Coco Cola plant was in the area where the primitive tribes of Eravalar and Malasar reside. Within six months of its operation, the people started fighting against the Plant for appropriating the ground water resources, polluting their surroundings and loss of livelihood. The struggle at Plachimada continues to this date. The ‘polluter pays principle’ will just remain as a constitutional doctrine not effective in redressing the environmental harm, if the tribal’s fail to get the compensation they deserve from the company. This is not merely a struggle against Coca Cola but all predatory capitalists who are destroying lives, resources and environment.

So ‘Environment Justice’ is the need of the hour that is all people and communities are entitled to equal protection of environmental laws. Environmental racism is part of the broader picture of systemic racism, which must be fought to bring about a fairer society. Keywords: Environmental Racism, Inequality, Environmental Justice

INTRODUCTION

India, with 8. 6% of its total population being tribal, ranks as the second largest nation in the world in terms of tribal population. The highest concentration of these indigenous groups is found in the North-Eastern region of India1. The inclusion of the 6th schedule in the Indian Constitution was based on the recommendations of the Bardoloi Committee2. As a welfare state, India plays a significant role in safeguarding and promoting the economic and social well-being of its citizens, adhering to the principles of equal opportunity and equitable wealth distribution3. Through constitutional provisions such as Article 15 (4), Article 29, and Article 46, India has pledged to protect the educational, economic, and cultural rights of tribal communities. However, the welfare schemes, policies, and protective measures often fail to adequately support these individuals.

Consequently, they remain a marginalized segment of society4. This marginalization is deeply rooted in India's historical, socio-economic, and cultural contexts and can be associated with 'Environmental Racism,' which underscores the vulnerability of marginalized groups to environmental hazards stemming from systemic inequalities. A prominent instance of Environmental Racism is evident in the Plachimada Coca- Cola case. THE CONCEPT OF ENVIRONMENTAL RACISM Tribal communities are at the forefront of environmental conflicts due to their inherent connection to natural ecosystems for their survival. This deep-seated reliance renders them susceptible to environmental injustices. Large-scale infrastructure initiatives such as mining, dam construction, and deforestation have devastating consequences, resulting in loss of livelihoods, displacement, and ecological degradation.

The term "Environmental Racism" originated in the United States and has its roots in American racial discrimination. Therefore, when racial discrimination occurs in the context of environmental decision-making, policy development, and the enforcement of environmental regulations and laws, it can be referred to as environmental racism. This indicates that certain 1. India, International Work Group for Indigenous Affairs (Nov. 8, 2025), https://www. iwgia. org/en/india. 2. Indepth- 6th Schedule & ILP, (Jan. 3, 2020), https://www. drishtiias. com/pdf/indepth-6th-schedule-and-ilp. pdf.

3. https://nios.ac.in/media/documents

4. https://nluassam.ac.in/docs/pub/Tribal%20Law,%20Policy%20and%20Justice.pdf.

communities are more vulnerable to environmental harm compared to others5. It describes a scenario where minority ethnic groups are disproportionately affected by the adverse environmental impacts of pollution, environmental degradation, and unequal access to natural resources and environmental services6. Environmental racism fosters the division of individuals according to caste, gender, place of origin, and other factors. It establishes unequal enforcement mechanisms and legitimizes human exposure to toxic substances, encourages hazardous technologies, takes advantage of the vulnerabilities of economically and politically marginalized communities, and neglects the development of pollution prevention and precautionary measures7. Dr.

Benjamin Chavis was the first to introduce the term "environmental racism," however, a thorough definition is provided by Robert Bullard in his book Dumping in Dixie. Bullard characterizes environmental racism as "any policy, practice, or directive that differentially impacts or disadvantages (whether intentionally or unintentionally) individuals, groups, or communities based on their race8. Racism systematically creates disparities by granting benefits to one racial or ethnic group while disadvantaging others. Power and privilege are allocated unevenly over time and geography, just as the traits of the human environment are, allowing racist structures and institutions to shape the contexts in which individuals reside, engage in leisure activities, and pursue their professions. Environmental racism is a vital aspect of this overarching system of oppression9.

EXAMPLES OF ENVIRONMENTAL RACISM Canada: The Inuit community residing in the Arctic regions is currently protesting against iron ore mining companies operating on their land, which has negatively impacted their traditional 5. Environmental Racism: Definition, Examples and Prevention, Campus Insider (Jan. 5, 2024), https://insider. augusta. edu/environmental-racism/. 6. G20 Miami 2026, Technical Difficulties https://www. g20. org/en/news/environmental-racism-and-climatejustice-a-glimpse-into-the-favela-da-mare.

7. Confronting Environmental Racism in the United States, Environment and Morality (Nov. 29, 2004),

https://www.csu.edu/cerc/documents/EnvironmentandMoralityConfrontingEnvironmentalRacismInTheUnitedSt ates-Bullard2004.pdf.

8. Myrriah Gomez, The complicated history of environmental racism, UNM UCAM Newsroom (Aug. 4, 2020),

https://news.unm.edu/news/the-complicated-history-of-environmental-racism.

9. Confronting Environmental Racism, PMC https://pmc.ncbi.nlm.nih.gov/articles/PMC8137098/.

practices of hunting and fishing. They are concerned that this will lead to further environmental degradation. USA: Native Americans are undoubtedly the group most adversely affected by environmental racism. Incidents such as the contaminated water supply in Flint, Michigan, have arisen due to the disregard for environmental regulations in economically disadvantaged areas. China: The recycling of electronic waste (e-waste) has led to increased blood lead levels in children living in the surrounding environment. Nigeria: In the more developed regions of Nigeria, particularly near the Niger Delta, issues such as oil spills, the incineration of hazardous waste, and urban air pollution are prevalent10. Frequently, businesses establish hazardous facilities in underprivileged regions where regulations are minimal to increase profits.

Prioritizing corporate interests over community welfare leads to environmental racism and economic exploitation11. THE CASE OF PLACHIMADA ON ACCOUNT OF ENVIRONMENTAL RACISM Brief History The Plachimada case exemplifies a conflict between US imperialism and the most marginalized and impoverished segments of a developing nation. Although Coca-Cola was expelled from India due to disagreements related to pre-neoliberal reforms, the company was allowed to reenter the market with significant force following changes in Indian laws that accompanied neoliberalism. The first of its factories was established in 2000 in Plachimada, situated in Moolathara village, Perumatty panchayat of Chittoor taluk in the Palakkad district of Kerala.

The demographic profile indicates that 24 percent of the population belongs to the tribal community of Eravalan, 7 percent belong to Scheduled Castes, while the remainder consists of Other Backward Classes (OBC). Agriculture is the primary occupation in the region, making irrigation essential12. The factory's operations resulted in a decline in the water table, as well as water and soil contamination. Consequently, a struggle was initiated by the 'Coca-Cola 10. Swathi Satish, Environmental Racism, Clear IAS (Oct 5, 2022), https://www. clearias. com/environmentalracism/

11. Ibid 6

12.Understanding Plachimadaˇs Rift, (Jan. 6, 2023), https://www.agrariansouth.org/wpcontent/uploads/2023/01/SNEHA-NAJEEB__Understanding-Plachimadas-Rift.pdf.

Virudha Janakeeya Samara Samithy' on April 22, 2002. This struggle continued, with adivasi women serving as the backbone despite numerous conflicts13. According to the census data from 2001, 84. 3 million individuals, representing 8. 2% of the total population in India, belong to various recognized Scheduled Tribes. In a ruling issued in 2011, the Supreme Court of India acknowledged that these groups are among the nation’s "most marginalized and vulnerable communities," with their daily experiences characterized by a "high level of poverty, illiteracy, unemployment, disease, and landlessness14. " Driven to desperation, Plachimada mounted a resistance. Although the movement succeeded in closing the factory, the quest for compensation continues.

Despite clear evidence that the company has breached environmental and pollution regulations, the prevailing power dynamics allow it to operate without accountability, failing to compensate the residents of Plachimada for their rightful claims, thus infringing upon the principle of ‘ubi jus ibi remedium’15. Witnessing Environmental Racism in the Plachimada Case • Disproportionate Impact on Marginalized Communities The majority of the population affected in Plachimada consisted of Adivasi communities, who have historically faced marginalization and socio-economic disadvantages. The depletion of groundwater compelled these individuals to rely on contaminated water sources, resulting in health issues. Their agricultural lands became unproductive due to soil and water pollution, which constituted their main source of livelihood.

• Exploitation of Natural Resources The excessive extraction of groundwater by the company exceeded permissible limits, prioritizing corporate profits over the community's essential right to access clean water. The release of untreated sludge and wastewater into surrounding areas contaminated water bodies and agricultural fields, adversely affecting those who lacked access to alternative water and 13. https://www. researchgate. net/publication/262126714-Kerala's-Plachimada-Struggle-A-Narrative-on-Waterand-Governance-Rights.

14. Kailas & Ors v State of Maharashtra, [2011] 1 SCR 94 at para 4

15. Ibid 12

land resources. • Delayed Justice The legal system took an extended period to acknowledge the damage inflicted by Coca-Cola’s operations, leaving the Adivasis without prompt redress for the harm endured. Even with the establishment of the Plachimada Coca-Cola Victims Relief and Compensation Claims Tribunal Act, 2011, bureaucratic and legal obstacles hindered the execution of compensation processes. • Inequitable Resource Distribution Coca-Cola’s unrestricted access to groundwater sharply contrasts with the Adivasis’ fight for basic water necessities. The company prioritized industrial use over the survival of the local populace, underscoring environmental injustice.

The state’s initial support for the company’s operations revealed a preference for corporate interests over the well-being of vulnerable communities, illustrating how marginalized groups are frequently excluded from meaningful involvement in decisions that affect their lives. • Intersection of Caste, Class, and Environment The caste and social status of these communities heightened their susceptibility, as industrial activities are frequently situated in regions primarily populated by marginalized populations. Their socio-political marginalization guaranteed that their concerns went unaddressed for many years. This situation reflects global patterns in which multinational corporations take advantage of resource-abundant yet socio-economically disadvantaged areas, thereby sustaining systemic environmental racism.

BEYOND COLONIALISM TOWARDS A NEW ENVIRONMENTAL REGIME Environmental legislation and its effects on marginalized and subaltern communities: Colonial Era:- India was subjected to numerous environmental regulations aimed at exploiting and extracting natural resources for the benefit of the British Empire. These regulations often had adverse effects on the environment and local populations, and their repercussions are still evident in India today. The colonial environmental strategies primarily focused on forest resources, which were rich in natural assets to support colonial economic ambitions.

Post-Colonial Era:- Environmental law in India encompasses the collection of statutes and legal principles that have emerged in India following its independence from British colonial rule in 1947, emphasizing the protection of the environment and natural resources while promoting environmental justice. Over time, environmental laws in India have adapted to tackle various issues, including air and water pollution, deforestation, and wildlife preservation. In addition to the Environmental Protection Act (EPA) and the National Green Tribunal (NGT), India has a variety of other environmental regulations and policies designed to safeguard the country's natural resources, encourage sustainable development, and reconcile economic growth with environmental preservation16.

Environmental Justice is an urgent necessity at this moment: Environmental justice pertains to the fair and inclusive allocation of environmental advantages and disadvantages across all sectors of society, irrespective of their social, economic, or cultural backgrounds. It also signifies that every individual possesses the right and opportunity to impact the environmental choices that influence their lives and overall well-being. Environmental justice constitutes a fundamental aspect of sustainable development, as acknowledged by numerous international agreements and initiatives, including the Rio Declaration on Environment and Development (1992), Agenda 21 (1992), the Johannesburg Declaration on Sustainable Development (2002), and the Sustainable Development Goals (2015).

The concept of environmental justice is built upon three essential principles: equitable treatment, significant participation, and acknowledgment and remedy. Equitable treatment indicates that no demographic group should endure a disproportionate share of the adverse effects stemming from environmental issues, such as pollution, hazardous waste, or climate change. These challenges impact individuals' health, well-being, and quality 16. https://www. researchgate. net/publication/370022844 ENVIRONMENTAL-JUSTICE-A-NEW

CHALLENGE-TO-THE-DEVELOPING-INDIA.

of life, and their consequences should not be inequitably distributed based on race, color, national origin, or income. Significant participation implies that all communities ought to have the chance and authority to engage in environmental decision-making processes that concern them. Such processes encompass policies, regulations, and project siting that define the environment in which individuals live, work, and engage in recreational activities. Communities should have access to information, resources, and platforms to voice their opinions and concerns, and their perspectives should be acknowledged and respected. Recognition and redress signify that environmental injustices frequently stem from historical and persistent systemic inequalities that marginalize specific groups of individuals, depriving them of their rights and opportunities.

It is essential to acknowledge and tackle these injustices through measures such as remediation, compensation, and policy reforms designed to restore justice and dignity to the impacted communities17. COMPARATIVE PERSPECTIVE ON ENVIRONMENTAL RACISM USA

Executive Order 12898 (Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations) mandated that federal agencies formulate environmental justice strategies aimed at assisting them in addressing the disproportionately high and adverse impacts on human health or the environment caused by their programs on minority and low-income populations. This initiative guarantees that every community and individual throughout the nation can reside in a safe and healthy environment. • Under Title VI of the Civil Rights Act of 1964, every Federal agency is required to ensure that all programs or activities receiving Federal financial assistance, which influence human health or the environment, do not employ criteria, methods, or practices that discriminate based on race, colour, or national origin, either directly or through contractual or other arrangements.

• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, commonly referred to as "Superfund", was established by Congress. This legislation 17. Ias Gyan, Environmental injustice, social marginalization Dahej UPSC, https://www. iasgyan. in/daily currentaffairs/dahej.

imposed a tax on the chemical and petroleum sectors and granted extensive Federal authority to respond directly to the release or potential release of hazardous substances that could pose a threat to public health or the environment18. SOUTH AFRICA The explicit acknowledgment of environmental rights is evident in Section 24(b) of the Constitution, which states that "everyone has the right to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation [and] promote conservation. " This is a crucial aspect of our natural environment, to which the government has a Constitutional duty19. CANADA On June 20, 2024, Private Member's Bill C-226, known as the National Strategy Respecting Environmental Racism and Environmental Justice Act, was enacted into law.

This Act demonstrates the Government's dedication to executing the United Nations Declaration on the Rights of Indigenous Peoples, which will be carried out in consultation and collaboration with Indigenous Peoples20. WAY FORWARD India can implement various strategies from the aforementioned countries to effectively tackle environmental racism: Enact clear environmental justice legislation similar to the Environmental Justice Law, thereby providing a precise definition of the term Environmental racism. Incorporate environmental justice into governance, akin to Executive Order 12898, and foster community involvement. 18. Superfund Regulations, US EPA (Sept. 28, 2015), https://www. epa. gov/superfund/superfund-regulations. 19. National Water Resource Strategy – National Water Act – Formal Protections Mechanisms – Legal Toolbox – Water, https://water. cer. org.

za/legal-toolbox/formal-protections-mechanisms/national-water-act/national-waterresource-strateg. 20. Environmental Justice and Environmental Racism, Canada. ca https://www. canada. ca/en/environment-climatechange/services/strategic-policy-branch/environmental-justice. html.

Enhance the rights of indigenous and marginalized communities. Encourage corporate responsibility.

CONCLUSION

The citizens of the nation are the true leaders of India and should participate more actively in the governance of the country, guiding it towards a development path that is both beneficial to the people and respectful of nature. While certain nations, such as the United States, have implemented policies to combat environmental racism, global awareness of this issue remains limited. The establishment of specific laws aimed at addressing environmental racism necessitates extensive advocacy and recognition of the connection between environmental degradation and social inequality. If India effectively addresses environmental racism, it would not only promote environmental justice but also uphold the constitutional principles of equality and social justice that India stands for.