Environmental Justice

Environmental justice means that no community or country should bear an unfair share of environmental harm while being denied environmental benefits or remedies. It combines fair distribution with meaningful participation, equal protection, access to information, prevention of harm, and effective redress. In climate policy, fairness reflects differing contributions, capabilities, development needs, and vulnerabilities.

How environmental inequality arises

Environmental justice examines both the distribution of pollution and the social conditions that shape exposure and vulnerability.

• Hazardous facilities, contaminated land, waste sites, or polluted air and water may impose disproportionate risks on low-income or socially marginalised communities.
• Communities with less influence over land-use and facility-siting decisions may also have fewer resources to avoid or remedy exposure.
• Several pollution sources can create cumulative impacts, even when each source is assessed separately.
• Children, older persons, and people with existing illnesses may suffer greater harm from a similar level of exposure.

Dimensions of environmental justice

Justice requires more than identical standards. It asks whether burdens are disproportionate, decisions are inclusive, and environmental harm is prevented or repaired.

• Distributive justice requires a fair allocation of environmental risks, benefits, and public resources.
• Procedural justice requires timely information, consultation, public participation, transparent assessment, and access to grievance redress.
• Corrective justice requires accountability, compensation, restoration, and application of the polluter pays principle where environmental damage occurs.
• The precautionary principle supports preventive action where serious environmental harm is threatened, even amid scientific uncertainty.

Climate burdens and remedies among countries

Climate justice does not require every country to bear identical obligations. The UNFCCC and the Paris Agreement recognise equity and common but differentiated responsibilities and respective capabilities, reflecting different national circumstances.

• Countries with greater historical contribution to emissions and greater financial and technological capability should carry larger mitigation and support burdens, while all countries participate in climate action.
• Developed countries are expected to take the lead in reducing emissions and providing financial resources to assist developing countries with mitigation and adaptation.
• Fairness requires preserving development space and recognising poverty eradication needs while supporting cleaner development in lower-income countries.
• Remedies should prioritise countries and populations that are highly vulnerable despite contributing relatively little to climate change, through adaptation finance, technology transfer, capacity-building, and support for unavoidable loss and damage.
• Article 8 of the Paris Agreement recognises averting, minimising, and addressing loss and damage, but the accompanying adoption decision states that it does not provide a basis for liability or compensation.
• Affected developing countries should have meaningful participation and timely, accessible, and effective support rather than bearing climate costs alone.

Constitutional and statutory basis in India

• Article 14 guarantees equality before law and equal protection of laws.
• Judicial interpretation of Article 21 has brought a healthy environment within the protection of life and personal liberty.
• Article 48A directs the State to protect and improve the environment, while Article 51A(g) makes environmental protection a fundamental duty of citizens.
• Under Section 20 of the National Green Tribunal Act, 2010, the Tribunal applies sustainable development, the precautionary principle, and the polluter pays principle.