Legislative And Corporate Synergy - Pathways To Environmental Justice In The Indian Context
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LEGISLATIVE AND CORPORATE SYNERGY: PATHWAYS
TO ENVIRONMENTAL JUSTICE IN THE INDIAN CONTEXT
Priyanshu Agarwal, PhD Scholar, Faculty of Law, Jamia Millia Islamia Ravina Kumari, Advocate at the Supreme Court of India
ABSTRACT
This paper explores the critical role of corporations in shaping environmental justice, analyzing their dual capacity as contributors to environmental degradation and as potential leaders in sustainability. It examines the historical interplay between industrialization and environmental challenges, emphasizing the environmental responsibilities that accompany corporate influence. Key topics include the integration of Corporate Social Responsibility (CSR) and Environmental, Social, and Governance (ESG) criteria into business practices, legal mechanisms to enforce environmental accountability, and landmark judicial decisions in India that reinforce corporate environmental responsibilities. The paper highlights innovative solutions like public-private partnerships, technological advancements, and green labeling, advocating for collaborative approaches to sustainable development.
It further discusses the evolution of environmental law in India, with references to constitutional mandates, significant judgments, and international legal frameworks. By addressing the socio-economic impacts of corporate practices and proposing actionable strategies, this research underscores the necessity for corporations to align profit motives with ecological preservation, ensuring equitable and sustainable growth for future generations.
1. Introduction
In this paper, we explore one of the most pressing issues of our time—environmental justice and the pivotal role of corporations in either promoting or hindering this cause. As we stand at the crossroads of climate challenges and industrial growth, it becomes pertinent to understand how corporations, through their vast influence and reach, can either support or undermine global efforts toward environmental sustainability. In the modern legal discourse, the balancing of conflicting societal interests has been a pivotal focus, as eloquently emphasized by jurist Rudolf von Ihering. The interplay between corporate interests in economic development and the broader societal aim of environmental justice encapsulates this tension. On one side lies the corporate pursuit of financial gain and industrial growth, often driving innovation and economic prosperity.
On the other, there exists a pressing need to uphold the environmental and social values that ensure sustainable development for present and future generations. Large multinational corporations, with operations spanning continents, wield immense power. Their influence extends beyond markets and economies, shaping societies and ecosystems alike. This power brings with it a profound responsibility: the obligation to act in ways that support—not compromise—the planet's ecological balance. The oft-quoted maxim, "With great power comes great responsibility," aptly frames the ethical and legal expectations from corporate entities in addressing the pressing environmental crises of our time.
2. Historical Background: Industrialization, Corporate Growth, and Environmental
Degradation To understand the modern relationship between corporations and environmental justice, it is essential to examine the historical trajectory of industrialization, which fundamentally reshaped societies, economies, and ecosystems worldwide. The roots of industrialization can be traced back to Britain during the late 18th century, a period that marked the onset of the Industrial Revolution. Pioneering technologies such as the spinning jenny, invented by James Hargreaves in 1764, revolutionized textile production by increasing efficiency and mechanizing previously manual processes. This innovation epitomized the shift from agrarian economies to industrial ones, setting the stage for large-scale manufacturing and urbanization.
Industrialization in Britain soon became a global phenomenon, influencing nations far beyond its borders. The French Revolution (1789–1799) also played a pivotal role in shaping modern industrial and political landscapes. By dismantling feudal systems and championing the ideals of liberty, equality, and fraternity, the Revolution created conditions for the rise of a capitalist economy. This, in turn, fueled industrial growth as it encouraged innovation, private enterprise, and infrastructure development. However, the Industrial Revolution was not without its costs. In Britain and elsewhere, it led to significant environmental degradation, including deforestation, air and water pollution, and soil erosion. Factories, powered by coal, became a hallmark of the era, spewing pollutants into the atmosphere and contributing to early forms of environmental crisis.
The global proliferation of these practices cemented the link between industrial growth and environmental exploitation. In India, industrialization gained momentum in the mid-20th century, influenced by both colonial legacies and post-independence economic policies. The Indian government, through centrally planned Five-Year Plans, pursued rapid industrialization to build a modern, selfreliant economy. Large-scale industries, such as steel and textiles, were established, and technological advancements paralleled those seen in the earlier British industrial experience. The Green Revolution in the 1960s further transformed India's agricultural landscape, introducing high-yielding seeds and modern irrigation techniques. While these efforts boosted productivity, they also strained natural resources and intensified ecological harm.
Globally, corporations became the dominant drivers of economic progress during and after the industrial era. Their role extended beyond production, shaping social structures and influencing governments. Taxes collected from corporate profits enabled nations to invest in welfare programs, infrastructure, and public services. However, the environmental consequences of industrialization—greenhouse gas emissions, deforestation, and resource depletion—grew more pronounced. Industrial activities significantly altered ecosystems, leading to long-term climate challenges. The human cost of industrial growth is underscored by the observation: "Every source from which man has increased his power on earth has been used to diminish the prospects of his successors. "1 This tension between progress and environmental sustainability remains central
1 State of Bihar vs. Murad Ali Khan, (1988) 4 SCC 655.
to contemporary debates about industrial practices and corporate responsibility. Moreover, industrialization's global spread highlighted inequities in its impacts. Developing nations, including India, face disproportionate challenges from environmental degradation, with vulnerable populations bearing the brunt of climate change-induced displacement, poverty, and health crises. For instance, India grapples with severe air and water pollution,2 directly affecting millions. Extreme weather events, exacerbated by climate change, have displaced over 23 million3 people annually worldwide, leaving many impoverished and exposed to further risks.
3. Dual Role of Corporations: Contributors and Leaders of Sustainability
The environment has emerged as a central issue in international politics, shaping how nations and corporations engage with global challenges. Dr. Falkner, in his book Great Powers, Climate Change, and Global Environmental Responsibilities, identifies two dimensions of environmental power: physical power, derived from managing industrial and natural systems, and social interaction, where leadership in environmental issues commands global recognition and respect. Corporations mirror these dynamics, possessing both the physical power to control industries and resources and the social power to influence global sustainability practices. At the heart of the debate lies the dual role of corporations. On one hand, industries such as fossil fuels, mining, and manufacturing contribute significantly to environmental degradation, disproportionately impacting vulnerable populations.
On the other, corporations have the potential to lead sustainability initiatives, adopting practices that align profitability with environmental accountability. The paradigm is shifting as more corporations integrate sustainability into their business models. The triple bottom line framework—Profit, People, and Planet—has gained traction, emphasizing the need to assess economic, social, and environmental impacts. Companies are increasingly realizing that long-term profitability is interlinked with climate resilience and ecological stewardship. For instance, green technologies and renewable energy adoption are 2 Kashwan, Prakash, Introduction: Climate Justice in India, in Climate Justice in India 1, 5 (Prakash Kashwan ed. , Cambridge Univ. Press 2024). 3 State of Global Climate Change 2020, World Meteorological Org. (United Nations Sys.
’s authoritative voice on Weather, Climate & Water, 2020).
not only reducing corporate carbon footprints but also bolstering consumer trust and investor confidence. In the Indian legal scenario, the Companies Act, 2013 imposes fiduciary duties on directors to act in the best interests of the company and its stakeholders, including the environment. Section
166 of the Companies Act explicitly requires directors to act in a manner that promotes the
"objects of the company" and the "social and environmental obligations of the business. " Also, India was amongst the first countries to statutorily introduce Corporate Social Responsibility (CSR) in 2013. Section 135 of the Companies Act provides that companies spend a minimum of 2% of their net profit towards activities that benefit society, including environmental initiatives. Schedule VII of the said act specifies the activities that to be included in the CSR policies specifically talks about environmental protection which includes- Safeguarding environmental sustainability, ecological balance, protection of flora and fauna, animal welfare, agroforestry, conservation of natural resources and maintaining a quality of soil, air, and water which also includes a contribution for rejuvenation of river Ganga.
Prior to the Companies Act of 2013, CSR in India was viewed as a charity endeavour. In keeping with Indian culture, it was considered that every firm has a moral responsibility to play an active role in fulfilling social commitments, subject to the company's financial health. In the FY 21 -22, a total of Rs 26,278 crores has been spent by the companies towards CSR Activities. 4 Environmental, Social, and Governance (ESG) criteria are reshaping corporate governance, demanding greater accountability for climate-related risks. Integrating green accounting and auditing into financial evaluations can enhance the environmental rating of businesses, appealing to sustainability-conscious stakeholders. Under India’s Insolvency and Bankruptcy Code (IBC), especially under Sections 7, 9, and 10, there is a clear process to satisfy creditors through restructuring plans.
However, it is imperative that this restructuring does not merely focus on financial revival but also addresses the environmental damage caused by the company during its operations. Section 31 of the IBC, which mandates the approval of a restructuring plan by the Committee of Creditors, should also incorporate environmental safeguards. This is a non-negotiable responsibility for both the tribunal and the creditors, ensuring that rehabilitation does not come at the cost of further environmental degradation.
4 National CSR Portal, Ministry of Corporate Affairs, available at
https://www.csr.gov.in/content/csr/global/master/home/home.html (last visited Nov. 18, 2024).
Moving toward an eco-centric economy requires evaluating economic activities not just by financial metrics but also by their environmental footprints. This alignment of corporate governance with environmental accountability is crucial to fostering public trust, reducing risks, and incentivizing green investments.
4. Ecotourism and Sustainable Development in India: A Case Study
The Indian tourism industry plays a significant role in the country’s economy, contributing substantially to GDP and employment. Over recent decades, a shift towards ecotourism has become apparent, highlighting the need to balance economic growth with environmental preservation. Ecotourism focuses on conserving natural and rural areas while promoting the development of local communities. It allows tourists to engage with and appreciate the environmental and cultural richness of a region, fostering a deeper understanding of sustainability. Destinations like the Andaman and Nicobar Islands and the Lakshadweep Islands exemplify this balance. These islands, with their unique biodiversity and fragile ecosystems, have implemented measures to limit tourist footprints and promote eco-friendly activities such as snorkeling and coral reef conservation.
By involving local communities in these initiatives, the benefits of tourism are distributed equitably while ensuring that environmental damage is minimized. Similarly, Bandipur National Park in Karnataka and the Sunderbans in West Bengal showcase responsible tourism practices that protect natural habitats while supporting local livelihoods. Bandipur, known for its tiger conservation efforts, enforces strict tourism regulations to safeguard wildlife, while the Sunderbans combine tourism with mangrove conservation, ensuring that local communities are active participants in and beneficiaries of the ecotourism industry. A standout example is Thenmala in Kerala, India’s first planned ecotourism destination. 5 This
project integrates nature-based activities such as trekking and cultural programs with a focus on environmental protection. It serves as a model of how government agencies, private stakeholders, and local communities can collaborate to create a sustainable tourism framework. 5 Kerala: Exploring Thenmala, India's first planned ecotourism destination, The Times of India, available at https://timesofindia.indiatimes.com/travel/destinations/kerala-exploring-thenmala-indias-first-plannedecotourism-destination/articleshow/109044352.cms (last visited Nov. 18, 2024).
Thenmala’s success underscores the viability of ecotourism in generating economic benefits while conserving ecological resources. However, the challenges of unsustainable development became tragically evident during the landslides in Kerala’s Wayanad district in July 2024, which claimed over 130 lives.6 The disaster highlighted the consequences of prioritizing unchecked economic growth over environmental considerations. Deforestation, poorly planned infrastructure, and climate change exacerbated the event’s severity, underscoring the urgent need to adopt sustainable practices in development projects.
5. Development of Environmental Law
Environmental law, especially as it pertains to climate change, is an evolving field. It is largely judge-made, particularly when it comes to interpreting international frameworks and national statutes. This description of environmental law as being directly concerned with ‘hot situations’ was propounded by Professor Elizabeth Fisher in her paper “Environmental Law as ‘Hot’ Law”. 7 What is meant by this description is that the agreed frames, legal and otherwise, for how we understand and act in the world are in a constant state of flux and contestation. Unlike other principles of law, such as say those of administrative law or contract law which are stable and just need to be applied to different fact situations, in environmental law, the very substance of the principle changes with changing times and advances in technology and as a result of Knee Jerk reactions.
A significant body of jurisprudence has emerged around corporate negligence in failing to
mitigate their contributions to climate change. Scientific evidence is overwhelming—climate change represents an existential threat to humanity, as pointed out by scientists from around the world. However, the first written suggestion advocating the human right to a healthy environment came in 1962 by Rachel Carson in “Silent Spring”.8 The period between 1972- 1992, marked a significant milestone in the evolution of international environmental law. The first formal recognition of the right to a healthy environment came in the Stockholm
6 Wayanad disaster man-made, says Madhav Gadgil, blames Kerala government for ignoring ecological
recommendations, The Hindu, available at https://www.thehindu.com/news/national/kerala/wayanad-disasterman-made-says-madhav-gadgil-blames-kerala-government-for-ignoring-ecologicalrecommendations/article12345.ece (last visited Nov. 18, 2024).
7 Elizabeth Fisher, Environment Law as ‘Hot’ Law, 25 J. Envtl. L. 3 (2013).
8 Rachel Carson, Silent Spring (Houghton Mifflin 1962),
https://library.uniteddiversity.coop/More_Books_and_Reports/Silent_Spring-Rachel_Carson-1962.pdf.
Declaration of 1972 which emerged as a global eco-summit. Later in 1987, the Brundtland Commission's report “Our Common Future” introduced the concept of sustainable development, which became the foundation for International Environmental Law. Thereafter, the Montreal Protocol in 1987 addressed ozone depletion, and the 1992 Earth Summit recognized 27 universal principles, in Rio de Janeiro. Key principles arising from the Rio Declaration included the Precautionary Principle9 and Principle 1010, recognizing the right to information, participation, and justice in environmental matters. However, it was not until Kyoto Protocol of 1997 that the first international agreement with legally binding obligations for developed countries was signed.
The debate between developing and developed countries over environmental degradation is deeply rooted in historical inequalities and contrasting priorities. At the core of this contention lies the "development versus environment" discourse, prominently voiced at the 1972 Stockholm Conference by Indian Prime Minister Indira Gandhi. She highlighted the disproportionate burden of environmental preservation placed on the developing world, which already struggles with poverty and underdevelopment due to historical exploitation by the Global North. This North-South divide persists today in climate negotiations, such as those surrounding the Warsaw International Mechanism for Loss and Damage. Developing nations advocate for financial accountability and compensation from industrialized countries, citing the latter's historical contributions to climate change.
Conversely, developed nations often resist these demands, framing their efforts around adaptation rather than liability. This enduring impasse underscores the systemic inequities in international environmental law, where the priorities of vulnerable countries in the Global South are often sidelined by the dominant narratives and interests of the Global North. 11 In recent years, India has also taken notable strides in enacting regulations that support sustainable development. The country has recognised the importance of balancing economic growth along with environmental protection and social progress to create a sustainable future. 9 Sonia Boutillon, The Precautionary Principle: Development of an International Standard, 23 Mich. J. Int'l L. 429 (2002), available at https://repository. law. umich. edu/mjil/vol23/iss2/7 (last visited Nov. 18, 2024).
10 UNEP, Principle 10 and the Bali Guideline, available at https://www. unep. org/civil-societyengagement/partnerships/principle10#:~:text=Principle%2010%20was%20adopted%20in,citizens%2C%20at%2 0the%20relevant%20level (last visited Nov. 18, 2024).
11 Malavika Rao, A TWAIL Perspective on Loss and Damage from Climate Change: Reflections from Indira
Gandhi’s Speech at Stockholm, 12 Asian J. Int'l L. 63 (2022), available at https://doi.org/10.1017/S2044251322000066.
The first law enacted on environmental protection in India is the Environment (Protection) Act,
1986. The said Act empowers the central government to take measures to protect and improve
the environment. The establishment of the National Green Tribunal in the year 2010 is another example of India’s commitment to environment conservation. This specialised court hears cases related to environmental disputes and has the authority to enforce penalties and fines against individuals and companies that violate environmental regulations. Further, the government has also come up with a policy framework to invest in and promote public transport to reduce carbon emissions which will in turn improve air quality.
6. The Judiciary’s Role in Advancing Environmental Justice: Landmark Indian
Cases The Indian Constitution through explicit provisions confers a duty on both state and citizens to preserve and protect the environment. The jurisprudence around environmental justice has also evolved through expert dialogue and discourse, both through observations of the court and directives given by the courts that has culminated in the formulation of legislations. The 42nd Amendment of the Constitution introduced Article 48A, in part of the Directive Principles of State Policy which imposes a duty on the State to protect the environment from pollution by adopting various measures whereas in the same amendment Article 51A (g) was added which casts a duty on every citizen to secure and improve the common habitat which incorporates forests, rivers, lakes, wildlife and to have compassion for living animals.
The Constitution of India also enables Courts to play a proactive role under Articles 32 and 226 of the Constitution which helped in the development of Environmental constitutionalism, a confluence of constitutional law and environmental law. 12 Through judicial interpretation in different cases, the Supreme Court has interpreted various rights under Article 21. For e. g. , in M C Mehta v. Union of India,13 and Subhash Kumar v. State of Bihar,14 the Supreme Court interpreted a right to live in a pollution free environment under Article 21. In the case of Rural Litigation and Entitlement Kendra Dehradun & Ors. v. State of U. P. & Ors. ,15 the Court held that the right to a wholesome environment is included in the ambit of 12James R. May & Erin Daly, Judicial Handbook on Environmental Constitutionalism, U. N. Env’t Programme (2017).
13 AIR 1987 SC 1086.
14 AIR 1991 SC 420.
15 (1985) 3 SCR 169.
right to life and personal liberty provided under Article 21. The Court held that as a result of the judgment the limestone quarries which have been directed to be closed down permanently would go out of business, however, the Court held that: “It is a price that has to be paid for protecting and safeguarding the right of the people to live in healthy environment with minimal disturbance of ecological balance and without avoidable hazard to them and to their cattle, homes and agricultural land and undue affectation of air, water and environment. ” In Ratlam Municipal Council v. Vardhichand,16 the Supreme Court upheld the social justice component of the rule of law by fixing liability on statutory authorities to discharge their legal obligation to the people in abating public nuisance and dissuaded the argument of budgetary constraints in environment pollution cases.
In the Bhopal Gas Leak Tragedy,17 the Supreme Court ordered a privately owned company, that had permitted the emission of noxious gases, to compensate the victims of the gas leak and thereby evolved the doctrine of absolute liability. In the case of Charan Lal Sahu v Union of India,18 the court has held that the right to life guaranteed by Article 21 of the Constitution includes the right to a wholesome environment. Further, the Supreme Court in Virendra Gaur & Ors v State of Haryana,19 imposed the obligation on the State to include in its policy to maintain ecological balance and a hygienic environment. The Supreme Court of India has applied various principles and doctrines to ensure environmental justice like the ‘Environment Impact Assessment’, the principle of intergenerational equity, Public Trust Doctrine.
20 The Court has played a pivotal role in introducing and establishing the concept of "Polluter Pays"21 and the “Precautionary Principle”22 as a guiding principle in environmental jurisprudence. In, Tamil Nadu Tanneries Case,23 the Apex Court observed that sustainable development is a balancing concept between ecology and development. In Bichhri village case,24 the writ was filed by environmentalists as the health of people in Bichhri village in Udaipur district of
16 AIR 1980 SC 1622.
17 M.C. Mehta v. Union of India, (oleum gas leakage case) 1987 AIR 1086.
18 1990 AIR 1480.
19 1995 (2) SCC 577.
20 M.C.Mehta v. Kamal Nath and Others, AIRONLINE 1996 SC 711.
21 Vedanta Ltd v. State of Tamil Nadu, [2024] 2 S.C.R. 1121.
22 A.P. Pollution Control Board v. Prof. M.V. Nayudu, (1999) 2 SCC 718.
23 Vellore Citizen’ Welfare Forum v. Union of India, (1996) 5 SCC 647.
24 Indian Council for Enviro-legal Action v. Union of India, (1996) 3 SCC 212.
Rajasthan was getting affected due to the plant. A toxic slug from the plant percolated deep into the earth, polluting the water in the wells and streams and rendering it unfit for human consumption. The Supreme Court directed the government to issue remedial measures, asked villagers to claim damages and also directed the plant causing the pollution to be closed. This landmark judgment followed the “Polluter Pays Principle” and emphasized the duty of the state to take care of the public’s health. In M. C. Mehta v. Union of India,25 the Supreme Court ordered coke/coal consuming industries emitting air pollution that was damaging the Taj Mahal in Agra and the residents of the Taj Trapezium, to apply for gas connection or, on failing to do so, to relocate. In Narmada Bachao Andolan v.
Union of India,26 the Supreme Court defined sustainable development to mean “what type or extent of development can take place which can be sustained by nature/ecology with or without mitigation. ”
7. Recognizing the Right to a Healthy Environment: A Legal Milestone
The recognition of environmental rights as fundamental in India represents a significant step forward in global climate governance. The Supreme Court of India, in the landmark case of M. K. Ranjitsinh v. Union of India,27 unequivocally acknowledged the right to be free from the adverse effects of climate change as integral to the right to equality under Article 14 and the right to life under Article 21 of the Indian Constitution. This case addressed the tragic deaths of the Great Indian Bustards caused by collisions with overhead transmission lines at solar panel projects. The Court emphasized the dual importance of solar power: as a critical component of India's energy strategy and as a tool for mitigating climate change. It underscored the obligation of states to balance the demands of renewable energy development with ecological preservation, thus safeguarding fundamental rights.
By upholding the right to a healthy environment, the Court highlighted that every individual is entitled to live in conditions that are clean, safe, and conducive to well-being. While India has elevated environmental rights to the status of fundamental rights, this is not
25 WP 13381/1984 (30 December 1996).
26 AIR 2000 SC 3751 at 3804 [150].
27 2024 INSC 280.
universally feasible. Many jurisdictions find it impermissible to embed such rights into their constitutional frameworks due to structural and legal limitations. Justice Sundaresh Menon, Chief Justice of Singapore, articulated this challenge during the 2nd India-Singapore Judicial Roundtable. He highlighted the difficulty for courts in some countries to recognize environmental rights at the level of fundamental rights. Instead, these jurisdictions often rely on tort law as a remedial framework, invoking principles like ubi jus ibi remedium—where there is a right, there must be a remedy. India’s judiciary has also demonstrated institutional leadership in advancing environmental justice. Through its Digital India Programme, the Supreme Court has integrated technology to modernize its operations and reduce its environmental footprint.
Initiatives like e-office systems, the Supreme Court Vidhik Anuvaad Software (SUVAS) for regional language translations of judgments, and paperless courtrooms reflect a commitment to sustainability. Platforms such as Digi-SCR and SuSwagatam have enhanced access to justice while aligning judicial practices with ecological considerations. 28 At the COP26 Summit in Glasgow, India unveiled its Panchamrit strategy, a five-fold commitment to addressing climate change. Key targets include achieving 500 GW of non-fossil fuel energy capacity by 2030, meeting 50% of energy needs from renewable sources, reducing projected carbon emissions by one billion tonnes, cutting carbon intensity by 45%, and achieving net-zero emissions by 2070.
29 These ambitious goals reflect India’s dedication to sustainable development, with measurable progress evident in the 2023-24 Sustainable Development Goal (SDG) India Index30 The index shows an improvement in India’s national score from 66 in 2020-21 to 71, marking strides in poverty alleviation, climate action, and economic growth. However, implementing these commitments is particularly challenging in the context of largescale projects that often require the diversion of pristine forests. Another pressing issue is the 28 Supreme Court Chronicle, A Leap Toward Justice: A Special Feature on Digitisation in the Supreme Court, Newsletter January 2024, at 11 (2024), available at https://cdnbbsr. s3waas. gov. in/s3ec0490f1f4972d133619a60c30f3559e/uploads/2024/07/3newsletter_january_2024. pdf.
29 Press Information Bureau, Government of India, Hon'ble Supreme Court Reaffirms the Commitment of the Constitution and Vision of Dr. B. R. Ambedkar (Feb. 21, 2022), https://pib. gov. in/PressReleasePage. aspx? PRID=1795071.
30 SDG India Index 2023-24, available at https://www.niti.gov.in/sites/default/files/2024-
07/SDG_India_Index_2023-24.pdf (last visited on Nov. 18, 2024).
underutilization of funds meant for forest conservation. For instance, a 2023 Rajya Sabha Unstarred Question revealed that out of ₹57,325 crores received under the CAMPA (Compensatory Afforestation Fund Management and Planning Authority) scheme between
2017 and 2022, ₹38,698 crores remained unutilized.31 This reflects a systemic gap where
conservation laws, instead of fostering genuine ecological protection and sustainable development, are often reduced to procedural formalities. Addressing this gap requires a shift in both policy and implementation, ensuring that financial resources allocated for environmental conservation are effectively utilized to promote tangible outcomes. Attribution studies are now being used to link human activities to observed changes in the climate system and corresponding impacts on natural and earth systems. 32 While it is true that the use of such reports is negligible in the Indian context, attribution reports are increasingly being used in the global context. 33 Global advances in attribution studies,34 which link human activities to observed climate changes and their impacts on natural systems, provide valuable tools for understanding these connections.
Familiarizing judges and advocates with these studies and their implications could enhance the judiciary’s capacity to address climate-related cases effectively. Training in this area is essential to ensure informed decision-making and robust environmental justice.
8. The Path Forward: Public-Private Partnerships and Technological Innovation
The solution to achieving environmental justice lies in collaboration. Governments, the private sector, and civil society must work together to design solutions that are both equitable and sustainable. One of the most effective ways to achieve this is through public-private partnerships, where corporations are incentivized to adopt eco-friendly practices while being held accountable through transparent regulations. Technological innovation is also key to addressing the environmental crises we face today. Artificial Intelligence (AI), for example, has the potential to transform the way we approach
31 Rajya Sabha Unstarred Question No. 2607 to be answered on Mar. 23, 2023,
https://sansad.in/getFile/annex/259/AU2607.pdf?source=pqars (last visited Nov. 18, 2024).
32 Executive Summary: Law and Science of Climate Change Attribution, available at
https://climate.law.columbia.edu/sites/default/files/content/docs/Executive%20Summary.La w%20and%20Science%20of%20Climate%20Change%20Attribution.pdf (last visited Nov. 18, 2024). 33 Milieudefensie et al. v. Royal Dutch Shell Plc, Case No. C/09/571932 / HA ZA 19-379 (Neth. Hague Dist. Ct. May 26, 2021).
34 Luciano Lliuya v. RWE AG, Case No. 2 O 285/15 (Essen Reg’l Ct. 2015).
climate solutions. AI can be instrumental in tracking emissions, optimizing energy use, and creating more efficient renewable energy systems. However, AI also presents novel legal challenges, especially regarding liability for technology-related failures. Corporations have a unique advantage in driving green technologies and circular economies that can accelerate the transition to a low-carbon future. But for corporations to truly lead in promoting environmental justice, they must adopt a people-centered approach that prioritizes community well-being and ecological integrity. An important trend in recent years has been the adoption of environmental-friendly labels and sustainability certifications.
When companies commit to disclosing their climate risks and integrating sustainability goals into their business models, it generates transparency that builds trust among investors, consumers, and regulators. Green labels and environmental disclosures in Memorandums of Association (MOA) and in public forums can signal a corporation’s commitment to sustainability, ultimately influencing investment decisions and consumer preferences. Climate-conscious investments are increasingly seen as profitable and sustainable, as these companies are better positioned to manage environmental risks and align with global efforts to mitigate climate change. As a result, businesses that prioritize environmental sustainability in their operational strategies are likely to attract more investment, which in turn enhances their profitability.
From the consumer perspective, environmental disclosures and green labels appeal to a growing market of eco-conscious buyers. As corporations are increasingly adopting environmental-friendly labels, there is also the rising problem of greenwashing—a practice where companies mislead the public into believing that their products or services are environmentally sustainable when, in reality, they are not. Such deceptive practices undermine trust in corporate efforts toward sustainability. Today’s consumers are more informed, and they actively seek out products and services from companies that demonstrate a commitment to environmental stewardship. By showcasing their sustainability efforts, corporations can differentiate themselves in a competitive market, thereby driving consumer loyalty and increasing sales.